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1964 Supreme(Cal) 96

A.K.MUKHERJI, R.S.BACHAWAT
ALI AHMAD – Appellant
Versus
ELECTORAL REGISTRATION OFFICER – Respondent


Advocates Appeared:
C.F.Ali, HAFIZ-UR-REHMAN, N.C.CHAKRAVARTI, N.C.DAS, Rafiqul Islam

BACHAWAT, J.

( 1 ) THE appellant and his parents were all born in the district of Birbhum. He had his ancestral home in that district. He was serving in the Posts and Telegraphs Department. In 1947 he opted for Pakistan. The option was provisional for six months and thereafter became final. The final exercise of option to serve the Pakistan Government is strong evidence of migration within the meaning of Article 7 of the Constitution. According to the appellant he left his wife in India and she visited him twice in 1948 and 1952. Article 7 is peremtory in its scope and makes no exemption for a husband migrating to Pakistan leaving his wife in India. The appellant stayed in Pakistan for six years. He returned to India in 1953 along with his wife under a Pakistani passport. Independently of Schedule III, Rule 3 of the Citizenship Rules, 1956, the Pakistan passport is strong evidence of the Pakistani nationality of the appellant. The passport is prima facie evidence of the national status of the holder, though independently of Schedule III, Rule 3, it is not conclusive evidence. The appellant also made an application for grant of Indian citizenship under Section 5 (1) (a) of the Citi









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