Mst. Saghir Kubra vs U. P. State - 1958 Supreme(All) 301

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1958 Supreme(All) 301

J. K. TANDON
Mst. Saghir Kubra – Appellant
Versus
U. P. State – Respondent

Advocates appeared:
Sayed Sadiq Ali and Sayed Haider Shaukat Abdi, Advocates, for the Applicant; Ali Raza Asmani, Standing Counsel, for the Opp. Parties

JUDGMENT

J.K. Tandon, J. - The petitioner, Smt. Saghir Kubra Begum, has asked a writ in the nature of mandamus directing the opposite parties, which are the State of U.P. the District Magistrate of Bareilly and the Superintendent of Police Bareilly, to desist from arresting and deporting her out of the country to Pakistan. The circumstances leading to this petition are these:

2. According to the petitioner she was living in India since her birth where her parents also lived. She was in this manner domiciled in this country on the 26th of January 1950 also when the Constitution came into force. In March 1950 she went to see her elder sister, Smt. Anis Kubra Begum, in Pilibhit when, it is said, riots broke out and her sister and her sister's husband in order to save their lives went away to Pakistan and she also, in view of her staying with them, went along with them to that country. Further according to her she was a minor at that time, aged about 13 years, and went to the other country without the consent and knowledge of her parents at Bareilly. She wanted to return to this country afterwards but was unable to do so without obtaining a Pakistani passport, accordingly she obtained a

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