BERI, J.—-The appellant, who is a citizen of India, wanted to enter Gadra City which is included in the territory of Sind which India conquered in India-Pakistan War of December 1971 but he was prevented by the Military authorities. He complained by means of a petition under Art. 226 of the Constitution of India that his fundamental rights under Art 19(l)(d)(e) & (f) were violated. The territory which India conquered became part of India under the Constitution urged the appellant and he had a fundamental right to freely move therein. This territory could not be ceded to Pakistan except by an amendment of the Constitution and the agreement reached between India and Pakistan on 2/3rd July, 1972 popularly called the Simla Agreement whereby it was proposed to return the territory aforesaid was ultra vires of the Constitution because the Union Cabinet or the President of the Republic of India had no power to ratify it. The learned Single Judge dismissed the petition in limine by a detailed order on the grounds that mere physical possession is not acquisition unless there is admittance amounting to annexation by law : that administration of the conquered territory was only evidence of ci

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