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1988 Supreme(Ker) 68

G.VISWANATHA.IYER
ASIA – Appellant
Versus
UNION OF INDIA – Respondent


Judgment :-

1. Petitioner's husband is one Moidu Haji. The claim is that he belongs to Parur near Tellicherry, Cannanore District, and that he is having relations and properties in Panur amsom. This Moidu Haji had acquired a Pakistani passport and on the strength of the passport be had been making occasional visits to this country. It is stated that he was employed in Karachi and that by acquiring the Pakistani passport he had not intended to abandon his Indian citizenship. The last time he entered India was on 20-1-1988, when he reached Bombay. Petitioner would contend that Moidu Haji had evinced an intention to acquire Indian passport and that for that purpose he was gathering the necessary papers. It is stated that he was arrested on 2-2-1988 at about 10 a.m. and that he is in the process of being deported out of India. In Para.8 of the original petition the petitioner contends that she reliably understood that her husband entered the territory of India on the strength of a duly issued visa by the Indian Authorities and that therefore the second respondent, the Superintendent of Police, Cannanore, had no authority to take her husband into custody for the purpose of deporting him






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