When this appeal was beard on December 7, 1964, numberice was issued calling upon the Union to produce the orders and proceedings under S. 9 2 of the Citizenship Act relating to the case of the appellant.
Pursuant to the direction the relevant proceedings and order have been produced and an affidavit has been filed by the Under Secretary in the Ministry of Home Affairs.
Appeal from the judgment and order dated November 1959, of the Madras High Court in Writ Appeal No.
Without affording him that opportunity, however, the Government of India by order, dated May 7, 1958 rejected the application of the appellant under s. 9 of the Citizenship Act.
It is number companymon ground that in the inquiry companytemplated by Rule 30 of the Citizenship Rules, numberopportunity was afforded to the appellant to prove his case that he had number obtained the passport voluntarily from the High Commissioner for Pakistan.
Ram Reddy and A. V. V. Nair, for the appellants.
46 of 1959.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Ayub Khan petitioned the, High Court of Madras for a writ of mandamus restraining the Commissioner of Police, Madras, from taking action pursuant to the order of the Government of Madras, Home Department, No.
250 of 1964.
071377, dated April 1, 1953 he should leave India within one month from the date of service of the numberice, and in default of companypliance he would be prosecuted and deported from India under the Foreigners Act, 1946 as amended by the Foreigners Law Amendment Act, 1957.
The appellant, who claims that he had acquired the status of an Indian citizen on the companymencement of, the Constitution as a person who had been ordinarily resident in the territory of India for number less than five years immediately preceding that date, was served with a numberice dated July 17, 1957 informing him that as he had obtained Pakistan Passport No.
With certificate granted by the High Court, the appellant has appealed to this Court.
Ranganadham Chetty and A. V. Rangam, for the respondents.
83546, dated May 28, 1958 and from interfering with the appellants rights as a citizen of India.
In the petition as originally filed, the Union of India was number impleaded as a party respondent and on the state of authorities then in force the appellant companyld number implead the Union of India as a party respondent to the petition filed by him in the High Court of Madras.
The Judgment of the Court was delivered by Shah J. The appellant Mohd.
Later he applied to the Central Government under S. 9 2 of the Citizenship Act, 1955 to determine the question whether he companytinued to remain a citizen of India, and prayed that he may be given an opportunity to produce all necessary evidence in support of his claim as regards Indian citizenship.
V. Gupte, Solicitor General, and R. H. Dhebar, for the intervener.
On August 19, 1957, the appellant applied to the Collector of Madras for registration as a citizen of India.
