Narasimham, J.

1. In this petition under Art. 226 of the Constitution the validity of the order of deportation of the petitioner passed by the Superintendent of Police, Monghyr (Annexure E) on 13-5-1964 in purported exercise of the powers conferred by Clause (c) of sub-sec (2) of Sec.3 of the Foreigners Act, 1946 (Art XXXI of 1946) read with the Government of India, Ministry of Home Affairs, notification No. 1/32/61 (IV) F III, dated the 15th March, 1962, is under challenge. The order has been made on assumption that the petitioner is a national of Pakistan. But it was urged on behalf of the petitioner by Mr. Basudeva Prasad that the petitioner was a citizen of India at the commencement of the Constitution and that he did not lose that citizenship either by any act on his part or on the basis of any determination made by the Central Government under Section 9 (2) of the Citizenship Act, 1955 read with Rule 30 of the Citizenship Rules, 1950. The learned Advocate General, however, urged that in consequence of his migration to Pakistan in 1947 he shall not be deemed to be a citizen of India in view of Article 7 of the Constitution and that he never acquired Indian citizenship