HASAN ALI RAIHANY Vs. UNION OF INDIA
LAWS(SC)-2006-3-25
SUPREME COURT OF INDIA
Decided on March 09,2006

Hasan Ali Raihany Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

AKIL VALIBHAI PIPLODWALA VS. DISTRICT SUPERINTENDENT OF POLICE, PANCHAMAHAL AT GODHRA [LAWS(GJH)-2022-7-528] [REFERRED TO]


JUDGEMENT

- (1.)In W. P. (Crl. ) No. 17/2006: in this writ petition, the petitioner prays for issuance of a writ of mandamus quash- ing the order cancelling the Residence Visa permit by order dated 7th October, 2005. He has also prayed for directions to the respondent to produce the papers relating to grant of Indian citizenship to him by naturalisation. He further prays that this court may issue a writ of certiorari quashing and setting aside the oral direction or order of deportation passed by the respondents and allow the petitioner to enter the indian territory.
(2.)The case of the petitioner is that he was born in India to parents who were Iranian citizens. He was educated in India and thereafter intended to stay in India. He applied for grant of Indian passport on 15th july, 2003 in response whereto he was required to comply with certain formalities. It appears that on the night intervening 7th/ 8th October, 2005, the petitioner was deported to Tehran. His grievance is that he was never informed as to why such action was taken against him. Be that as it may, he applied again to the Indian Embassy in tehran to grant him entry visa enabling him to enter this country so that he could settle his pending matters in this country. According to the petitioner, he has been doing business in this country and, therefore, his sudden deportation has created complications for him, and it became absolutely necessary for him to come to India to settle those matters. A Single Entry Permit was issued to the petitioner by the Indian Embassy in iran which was valid for the period from 8th november, 2005 to 8th February, 2006. On that basis, the petitioner has re-entered this country.
(3.)The petitioner states that he is being summoned to the Kurla Police Station every day and is being unnecessarily harassed. His suspicion is that he may again be deported in the same manner as was done on the last occasion without intimating him the reasons why he is sought to be deported and without giving him an opportunity of being heard.


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