Judgement

WANCHOO, J. : The main question that arises in this appeal on a certificate granted by the High Court of Kerala is the interpretation of the word "migrated" in Art. 7 of the Constitution. 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 presents who were both Indian citizens. Aboobacker left India sometime in 1948 and went to Karachi in Pakistan when he was a boy of 12 years of age. He remained in Pakistan till 1954. 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 November 1, 1954, he again left for Pakistan. In 1956 he came to India again with the same passport but on a fresh visa obtained in April 1956. He remained in India till June 1956 when he returned again to Pakistan. In the passport Abookacker s father who was dead by then was described as an Indian and Aboobacker s own nationality was given as a Pakistani and the approximate date of migration was mentioned as 1948. There was no record in Kozhikode after June 1956 as to the whereabouts of Aboobacker; but in Octob