J.K. Tandon, J. - (1.) 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 passport in November 1952 from Pakistan Government and returned to India in order to settle down in this country. Further according to her, since she was a minor at the time she went to Pakistan in March 1950, she was incapable of changing her nationality, she was an Indian citizen as she continued to be so despite her temporary presence in Pakistan. She has also asserted that she never acquired Pakistani citizenship.
(3.) From the counter affidavit filed on behalf of the State it appeared that the petitioner came to India on a Pakistani passport and an Indian visa, for the first time on 13th November 1952. In the visa asked for by her she declared herself to be a Pakistani national. On this occasion she returned to Pakistan on 10th February 1953. Thereafter she again arrived in this country on a Pakistani passport on 14th June 1954 after declaring herself to be a Pakistani national. On both these visits she accompanied her brother Askari Mehdi. Askari Mehdi left India on 18th June 1954 but the petitioner has over stayed. Her permit to stay in India was originally valid upto 3rd December 1954 but was extended till 11th February 1955. The petitioner wanted a long term visa which, however, could not be granted to her because she was not prepared to submit her photo which was required by the authorities concerned. The petitioner made another effort to stay in India through an application to the Ministry of Relief and Rehabilitation but she was unsuccessful; and ultimately she served a notice on the State Government under Sec. 80, C.P.C. on 28th July 1956 contemplating to file a suit for necessary injunction against that Government from removing her from this country. According to the respondents she is a Pakistani national and is being rightly deported: she has an alternative remedy also against the deportation order issued against her.;