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1966 Supreme(All) 144

M.H.BEG
Mashkurul Hasan – Appellant
Versus
Union of India – Respondent


Advocates:
V.K. Gupta, for Appellant; Standing Counsel, for Respondents.

JUDGMENT :- This is a plaintiff's second appeal arising out of a suit for an injunction against the Union of India and the State of Uttar Pradesh to restrain the defendants from deporting the plaintiff-appellant to Pakistan. The suit was filed on 20th of April 1956, on the ground that the plaintiff and his parents having been born in India and having an Indian domicile, the plaintiff was a citizen of India. The plaintiff, in an extremely brief plaint, devoid of necessary particulars, stated that he had gone to Pakistan in 1948 "on a temporary visit in connection with his business activities." No details were given as to the particular nature of his business activities and the circumstances under which the plaintiff had to go to Pakistan due to the needs of his business. The plaintiff then stated that travel restrictions were suddenly imposed so that it became impossible for the plaintiff to return to India.

He alleged that he had asked the defendants to permit the plaintiff to return to India, but the defendants paid no heed to his requests. The plaintiff also stated that he had applied to the Indian High Commissioner in Pakistan for registration as an Indian Citizen, after the comm

























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