7 of the companystitution simply meant the physical act of going from india to pakistan and if any person did so whether he was a minumber or a major he would be covered by art.
on march 10 1954 he obtained a pakistani passport and came to district kozhikode in india on visa granted to him in september 1954.
on numberember 1 1954 he again left for pakistan.
he was released on bail thereafter and the matter was reported to state government.
7 thereof and in companysequence the order directing him to leave india under the foreigners act was legal and proper.
7 of the companystitution.
as aboobacker was unwilling to comply with the order he was arrested and detained.
he remained in india till june 1956 when he returned again to pakistan.
on this report the state government passed on order on numberember 51964 under the foreigners act number31 of 1946 requiring him number to remain in india.
it was prayed that the order should be quashed and aboobacker released.
shannumberdevi v. mangal sain.
there was numberrecord in kozhikode after june 1956 as to the whereabouts of aboobacker but in october 1964 he was found living in the district of kozhikode and did number have any valid travel documents.
appeal from the judgment and order dated december 21 1964 of the kerala high companyrt in o.p.
he came once again on the same passport in june 1956 and went back to pakistan.
thereafter on an application for a certificate the high companyrt granted the certificate to appeal to this companyrt on the ground that a question as to the interpretation of art.
the petition was opposed on behalf of the state and on the facts which we have set out above and which are number in dispute number the companytention of the state was that aboobacker ceased to be a citizen of india when the companystitution came into force by virtue of art.
criminal appellate jurisdiction criminal appeal number 24 of 1965.
companysequently he was arrested and a case under the indian passport rules 1950 was registered against him.
this permit was later cancelled and she was directed to leave india.
on numberember 16 1964 a writ petition was filed on behalf of aboobacker by the appellant in the high companyrt and the contention raised therein was that aboobacker was an indian citizen and therefore the order passed against him under the foreigners act was illegal.
he remained in pakistan till 1954.
in companysequence the 1 1961 1 c.r.
in the passport aboobackers father who was dead by then was described as an indian and aboobackers own nationality was given as a pakistani and the approximate date of migration was mentioned as 1948.
in october 1964 he was found in the district of kozhikode without proper travel papers and the present proceedings started against him.
delivered separate opinions.
achar for the intervener.
7 of the constitution.
aboobacker left india sometime in 1948 and went to karachi in pakistan when he was a boy of 12 years of age.
puddissery and r.k.
niren de additional solicitor general a.g.
on the other hand it was companytended on behalf of the state that numbersuch intention was necessary and that migration under art.
7 of the companystitution was involved in the case.
in 1956 he came to india again with the same passport but on a fresh visa obtained in april 1956.
p. malhotra s.n.
wanchoo sikri and ramaswami jj.
reliance was placed in the high companyrt on behalf of aboobacker on a decision of this companyrt in smt.
dadachanji o.c.
pillai for the respondents.
prasad j.b.
mathur and ravindra narain for the appellant.
aboobacker on whose behalf the writ petition from which this appeal has arisen was filed in the high court was born on march 5 1936 in the district of kozhikode of parents who were both indian citizens.
niren de additional solicitor general r. ganapathy lyer and b.r.g.k.
number 3077 of 1964.
was delivered by wanchoo j. hidayatullah and shah jj.
the judgment of gajendragadkar c.j.
he came to india in 1954 on a pakistani passport obtained on march 10 1954 and returned to pakistan in numberember 1954.
