Ghulam Hasan, J. - (1.) This batch of appeals raises a common question of the constitutional validity of S. 7 'Influx from Pakistan Control Act (23) of 1949. Section 3 of the same Act is also assailed on behalf of some of the appellants but for the purpose of deciding these appeals it will not be necessary to deal with latter question.
(2.) Criminal Appeals Nos. 65 and 66 of 1952 which are directed against the judgment and order of High Court of Judicature at Bombay in two petitions under Art. 226 of the Constitution praying for the issue of a writ of 'mandamus' requiring the respondent not to remove them from India on the ground that the impugned S. 7 is void may be treated as the leading case which will govern the other appeals.
(3.) The facts of each of these appeals are slightly different but they proceed upon the common assertion that the appellants are citizens of the Indian Republic. This fact was assumed in the leading case but it is not disputed that the status of the appellants as Indian citizens in all the cases has not been investigated and determined by any of the Courts below against whose decision the appeals have been brought. Having heard the leaned counsel appearing in support of the appeals and the learned Solicitor-General we have reached the conclusion that S. 7 is void in so far as it infringes the right of a citizen of India under Art. 19(1) (e) of the Constitution.;