- (1.) S. K. Jain, J. Through this petition the petitioners have sought writ of mandamus directing the respondents, namely, Union of India, State of Uttar Pradesh and the Superintendent of Police, Ballia not to arrest them or deport them on the vague charges of their being citizens of another country.
(2.) THE petitioners were born in village Baheri of district Ballia and have been living there since their birth. Petitioner Nos. 2 to 6 belong to one family headed by Nizamuddin, petitioner No. 2. Petitioner No. 3 is the daughter of Majid Mian, resident of village Tapani, P. O. Janaupur, district Ballia. She was married to petitioner No. 2 Nizamuddin. Petitioner Nos. 1 to 3 were voters in the Gram Sabha Baheri in the voter list of 1979 and they had also cast their votes in Assembly elections on several occasions. Petitioner No. 1 had a house in the village and he paid house-tax for the years 1971-1972 to 1977-78. Prior to the partition of the country in the year 1947 petitioner No. 1 was employed in Indian Railways and was serving in East Pakistan, presently known as Bangla Desh. In 1947 he could not cross over to India as he was in illegal confinement of the nationals of Pakistan, although his entire family was in India. He managed to come to India in 1950 and since then he was residing in village Baheri. Petitioner No. 2 never left the country. He was married to petitioner No. 3 and out of their wedlock petitioners Nos. 4 to 6 were born. He was running a watch repairing shop since 1970. THE Police Inspector of Kotwali Ballia came to the house of petitioner on the night of 30-4-1983 and informed them that Smt. Alima Bibi had made a report against them and, therefore, they were to be arrested and deported to Bangladesh. On being served, the respondents filed a reply in the form of counter-affidavit of Sri Lallan Prasad Singh, Sub-Inspector, Local Intelligence Unit, Ballia. The case of respondents is that petitioner No. 1 Akbar Ali @ Babar Ali, son of Khushal was born in 1917 and was a resident of village Baheri, district Ballia. Prior to 1947 he was married to Shariffan Bibi, daughter of Asgar Ali of village Janaupr, district Ballia. He was serving in Indian Railways in 1943. In 1947 he went to East Pakistan (now known as Bangla desh) and joined the Railway service there. After sometime he came to India and took his wife Smt. Sharifan Bibi and son Nizamuddin, petitioner No. 2 to Pakistan. Petitioner No. 1 along with his wife came to India on a Pakistani Passport on 1-9-1954 and returned back on 16-9-1954. He again came to India on 22-4-58 and returned back on 3-5-1958. He alongwith his wife and son came to India on 4-6- 1961 and returned back on 25-6-1961. During this period petitioner No. 2 Nizamuddin was married to Rahman Bibi, petitioner No. 3 and she also accompanied her husband and parents in-law to Pakistan on 25-5-1961. Smt Sharifan Bibi, wife of petitioner No. 1 died at Narainganj, Dhaka in 1970. In 1947 petitioner No. 1 along with petitioner No. 2 to 6 came to India illegally from Narainganj, Dhaka and started living with Qayum Uddin, son of Abdul Rahman, husband of Smt. Atiman Bibi, daughter of Khushal, at village Baheri.
(3.) PETITIONER No. 2 Nizamuddin was born out of the wedlock of peti tioner No. 1 and his wife Smt. Sharifan in 1942 in India. During 1947 he accompanied his parents to Pakistan. He came to India with his parents on 4-6-1961, married Smt. Rahiman Bibi, petitioner No. 3 and returned to Pakistan along with his parents and wife. PETITIONERs Nos. 4 and 5 (minors) were born at Narainganj, Dhaka (Bangladesh) during 1973 and 1970 res pectively. Km. Nasim, petitioner No. 6 (minor) was born in India in the year 1975/80. PETITIONERs Nos. 1 to 5 came to India in 1970 and started living in village Baheri illegally as mentioned earlier. A rejoinder affidavit was filed by Nizamuddin, wherein it was aver red that petitioner No. 1 was employed in Railways in 1943 and was posted at Dhanbad (India ). Thereafter he was transferred to Maiman Singh (East Pakistan), now Bangladesh. In para 8 of the rejoinder affidavit it is contended that the petitioners did not abandon the citizenship of India and had not acquired the citizenship of Pakistan during the service period of petitioner No. 1.;