Judgment

GAJENDRAGADKAR, J.: (Majority judgment: on behalf of himself, Wanchoo and Rajagopala Ayyangar JJ,) These three Writ Petitions are filed by the three respective petitioners under Art. 32 of the Constitution for the enforcement of their fundamental right under Article 19 (I ) (e). They were heard separately but it would be convenient to deal with them by one common judgment because they raise for our decision the same constitutional questions. In all the petitions, the constitutional validity of section 9 (2) of the Citizenship Act,1955 (Act LVII of 1955) (hereinafter called the Act) and of rule 3 in Schedule III of the Citizenship Rules, 1956, is challenged. It would also be convenient to set out briefly at the outset the material facts on which the three petitions are based.

2. Izhar Ahmad Khan, the petitioner in Writ Petition No. 101 of 1959, claims to be a citizen of India and was a resident of Bhopal. He was enrolled as a voter in the Parliamentary as well as State Legislative Assembly Electoral Roll. On the 20th August, 1952, he was taken into custody by the police from the restaurant which he used to run at Bhopal and was told that he had been arrested under an order fr