1967 Supreme(All) 40
S.S.DHAVAN
Abdul Salam – Appellant
Versus
Union of India – Respondent
Advocates:
S.J. Hyder, for Appellant; Standing Counsel, for Respondents.
JUDGMENT :- This is a second appeal by Abdul Salam from the decree of the Additional Abdul Salam from the decree of the Civil Judge, Aligarh, affirming that of the Additional Munsif, Aligarh, dismissing his suit for permanent injunction to restrain the Union of India and the State of Uttar Pradesh from deporting him to Pakistan. The plaintiff-appellant alleged in his plaint that he was born in Aligarh and domiciled there at the commencement of the Constitution of India and is a citizen of India as defined in Article 5 of the Constitution; that in March 1950, there was an outbreak of serious communal disturbances at Aligarh and several other places in Uttar Pradesh which for some time completely paralysed the civil administration and during which the members of the minority community were subjected to great misery and trouble and their houses and other property were looted and burnt and there was an extensive loss of life; that these disturbances created a sense of insecurity in the mind of the minority community; that because of the activities of communal elements in India and the State of Indo-Pakistan relations, a situation was created in which law and order were at a discount; t
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