N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR, K. N. WANCHOO, B. P. SINHA, T. L. VENKATARAMA AYYAR
Govt. of A. P. – Appellant
Versus
Syed Mohd. Khan – Respondent
Judgment
GAJENDRAGADKAR, J. : This group of twenty-two appeals has been brought to this Court with certificates granted by the Andhra High Court, and they challenge the correctness of the decision of the said High Court that R. 3 in Sch. 3 of the Citizenship Rules, 1956 is ultra vires. Twenty-two persons who are the respective respondents in these appeals filed twenty-two writ petitions in the Andhra High Court challenging the validity of the orders passed by the appellant, Government of Andhra Pradesh, asking each one of them to remove themselves out of India before the date specified in the notices served on them in that behalf. It appears that all the said persons had come to India with a passport issued in their favour by the Government of Pakistan, and the appellant s case before the High Court was that as a result of the conduct of the respondents in applying for and obtaining the Pakistani passport, they had lost the citizenship of this country and had voluntarily acquired the citizenship of Pakistan. That is how the appellant justified the notices served on the respondents calling upon them to leave India.
2. The respondents, on the other hand, contended that S. 9 of the Citi
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