( 1 ) THE facts in these two cases are shortly as follows : The petitioner in the first case is Dawood Ali Arif Bham and the petitioner in the second case is his wife. The petitioner Dawood Ali Arif Bham says that he is the Mutwalli of a wakf situated in Calcutta, the wakf estate having been created by the petitioner's grand-father Hazi Kasem Arif Bham, deceased. He says that in 1950, when there was recrudescence of communal disturbances in Calcutta, he and his wife Aziza Begum, petitioner in the second case, left for Amnura in Rajshai situate in Eastern Pakistan. There, he resided for some time and eventually he applied for a Pakistan passport. In the meantime the passport-cum-visa system had been introduced in India, sometime in October, 1952 and the special passport obtained by the petitioner from the District Magistrate, Rajshai, is dated 28th November, 1952. With this passport, the petitioner and his wife came back to India. On or about 5th May, 1954 it is alleged that he surrendered his passport to the Deputy High Commissioner for Pakistan in Calcutta. On 24th May, 1957 the petitioner was served with a notice by Sri B. B. Bagchi, Deputy Commissioner of Police, Spec