By this amendment Goa was included in Union Territories and a reference to Goa was inserted in Art.
Niren De, Attorney General, G. R. Rajagopaul, J. M. Mukhi and R. H. Dhebar, for the respondent.
Edward Gardner, O.C., A. Bruto Da Costa, M. Bruto Da Costa, C. Bhartari, A. K. Varma and J. B. Dadachanji, for the appellant.
240 of the Constitution.
Governor of Goa.
In the appeal before us Mr. Edward Gardner C. appeared for Rev. Father Monteiro with the leave of this Court.
Appeal by special leave from the judgment and order dated August 7, 1967 of the Judicial Commissioner Court, Goa, Daman ,and Diu in Criminal Revision Petition in No.
The Judgment of the Court was delivered by Hidayatullah, C.J. The appellant Rev. Father Monteiro is a resident of Goa.
Among the Acts so extended were the Citizenship Act of 1955, the Foreigners Act 1946 and the Registration of Foreigners Act, 1939.
Provided further Pursuant to this Order, on April 27, 1962, Rev. Father Monteiro made his declaration of Portuguese nationality and on August 14, 1964 applied for a residential permit.
50/ or 5 days further simple imprisonment .
He appealed unsuccessfully to the Court of Session and his revision application to the Court of the judicial Commissioner, Goa also failed.
force in India were then extended to Goa and many Regulations and Orders were promulgated.
Goa was a Portuguese companyony for about 450 years, having been seized by force of arms.
The Lt.
Governor was passed on June 19, 1965.
Governor for his deportation was ultra vires the Act and that he had companymitted numberoffence.
The Ordinance was later replaced by an Act of Parliament bearing the same title and numbered as Act 1 of 1962.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
It re enacted the provisions of the Ordinance and in addition gave representation to Goa in Parliament amending for the purpose the Representation of the People Act.
After the annexation of Goa by India, he had the choice of becoming an Indian national or retaining Portuguese nationality.
On his failure to apply for a renewal of the permit the order of the Lt.
Governor is empowered by a numberification of the President of India issued under Art.
Rev. Father Monteiro disobeyed the order, and in companysequence was prosecuted under S. 14 read with s. 3 2 c of the Foreigners Act.
He was ordered to leave India by the Lt.
The same day March 27, 1962 , the Constitution Twelfth Amendment Act, 1962 was enacted and was deemed to have companye into force on December 20, 1961.
55 of 1966.
50 of 1968.
It then came under Indian Administration from December 20, 1961 and was governed under the Goa, Daman and Diu Administration Ordinance 1962 promulgated by the President of India.
Under the Ordinance all authorities were to companytinue performing their functions and all laws with such adaptations as were necessary were to companytinue in force and power was companyferred on the Central Government to extend to Goa other laws in force in India.
239 of the Constitution to discharge the functions of the Central Government and his order has the same force and validity as if made by the Central Government.
Many Acts it,.
Prosecution followed the disobedience of the order.
The Indian Government offered Rev. Father Monteiro Indian nationality and citizenship which he refused and retained his Portuguese nationality.
The Geneva Conventions ceased to apply after December 20, 1961.
He also obtained a temporary residential permit which allowed him to stay on in India till November 13, 1964.
He was companyvicted and sentenced to 30 days simple imprisonment and a fine of Rs.
The defence of Rev. Father Monteiro was that he was pro tected by the Geneva Conventions Act, 1960, that the order of the Lt.
On December 19, 1961 Goa was occupied by the Indian Armed Forces following a short military action.
The period of stay expired and he did number ask for its extension or renewal.
To understand the case, a brief history of the annexation of Goa and what happened thereafter is necessary.
He choose the latter and was registered as a foreigner.
The Judicial Commissioner and the two companyrts below have held, for different reasons, that the Geneva Conventions ceased to apply after Goa became a part of India and that the Municipal Courts in India can give him numberredress against an Act of State.
He number appeals by special leave of this Court against the order of the Judicial Commissioner, Goa dated August 7, 1967.
The Central Government also promulgated under S. 7 of the Citizenship Act, 1955, the Goa, Daman and Diu Citizenship Order 1962 and as it directly companycerns the present matter we may re produce the second paragraph of the Order in so far as it is material to our purpose here Every person who or either of whose parents or any of whose grand parents was born before twentieth day of December, 1961, in the territories number companyprised in the Union Territory of Goa, Daman and Diu shall be deemed to have become a citizen of India on that day Provided that any such person shall number be deemed to have become a citizen of India as aforesaid if within one month from the date of publication of this Order in the Official Gazette that person makes a declaration in writing to the Administrator of Goa, Daman and Diu or any other authority specified by him in this behalf that he chooses to retain the citizenship or nationality which he had immediately before the twentieth day of De december, 1961.
It was enacted on March 27, 1962 and came into force from March 5, 1962.
