JUDGMENT - VYAS, J. :

This is a reference made by the learned Sessions Judge of Baroda and it raises a question whether clause 3, schedule 111 of the Citizenship Rules, 1956, is ultra vires Art. 19 of the Constitution. The reference arises in this way. In the case of State v. Sharifbhai jamalbhai, which is pending in the Court of the judicial Magistrate, First Class, First Court, Baroda, the accused Sharifbhai jamalbhai is being prosecuted for an infringement of the provisions of clause 7 of the Foreigners Order, 1948, which infringement is made punishable under S. 14 of the Foreigners Act, 1946. Sharifbhai was born in Baroda on 7th December 1933. He has produced a birth certificate in support of that fact. He was living in Baroda till the year 1951. He has produced two ration cards Exhs, 8 and 7 to show that he was drawing ration for himself and his people in the years 1949 and 1951 in Baroda. He has also produced Exh. 6, a muster roll of the Yamuna Mills, Baroda, to show that till December 1951 he was serving the said Mills. It would appear that Sharifbhai left India and went to Pakistan in January 1952. He lived in Pakistan from January 1952 till 1st August 1954. Thereafter, and

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