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1959 Supreme(Mad) 277

RAJAGOPALAN, RAJAGOPALA AYYANGAR
T. E. Mahomed Usman – Appellant
Versus
State of Madras, represented by Secy. to Govt. of Madras (Home Department) – Respondent


Advocates Appeared:
K.V. Venkatasubramania Iyer, for Petitioner (in W. P. 498/58); P. Sharfuddin, for Inamdar Abdus Salam, for Petitioner (in W. P. No. 795 of 58) and for Appellant (in W. A. 97/58); M.K. Nambiar, M.M. Nair and K.K. Venugopal, for Appellant (in W. A. 46 of 1959); Advocate-General and Addl. Govt. Pleader, for Respondents.

Judgement

RAJAGOPALA AYYANGAR, J. :- These petitions and the writ appeals have been heard together since they involved the decision of a common question of law as to the validity of certain rules framed under the Indian Citizenship Act, 1955 (Central Act 57 of 1955) and in particular of para 3 of schedule III thereof. The orders whose validity and legality are challenged in these four proceedings are in common form and have been passed on the directions of the Central Government either by the Collector of the District (W. F. Nos. 498 of 1958 and 795 of 1958) or by the Commissioner of Police, Madras (W. A. No. 97 of 1958 and 46 of 1959), requiring the petitioner or the appellant as the case may be, described as the holder of a Pakistan passport, who was unauthorisedly overstaying in India, to leave India within a month of the receipt of the notice, with a warning that on failure to comply, he would be prosecuted and deported under the provisions of the Foreigners Act of 1946.

2. It is common ground that the basis upon which the orders have been passed, was that these individuals were not citizens of India and even if they were at one time citizens of India they had ceased to be citize


























































































































































































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