MD. ABDUL WAHAB Vs. SUPERINTENDENT OF POLICE AND REGISTRATION OFFICER, DARRANG, TEZPUR AND OTHERS

JUDGEMENT

(1.) THE petitioner has challenged by means of this petition a notice issued by the opposite party the Superintendent or Police and Registration Officer, Darrang, Tezpur asking him to quit India under Section 3 of the Foreigners Act. The contention of the petitioner is that he is not a foreigner as he is an Indian citizen and thus no notice could be. issued against him under Section 3. The petitioner has based his claim of Indian citizenship on the ground of a certificate of citizenship granted to him by the Sub -Deputy Collector, Halem Circle under section 5(1) (a)/(d) of the Citizenship Act, 1955. The petitioner applied for the grant of a certificate of citizenship under section 5(1) (a)/(d) and the certificate was granted in the prescribed form by the Sub -Deputy Collector, Halem Circle. Unless that certificate is set aside or so long as the certificate is in force, the petitioner can claim to be an Indian citizen and the notice under section 3 of the Foreigners Act will be invalid against him.

(2.) THE State has filed a counter -affidavit in respect to the petitioner's allegations and therein it is stated that the certificate was procured by misrepresentation and fraud. If the certificate has been obtained by misrepresentation or fraud there is ample jurisdiction in the Central Government under section 10 of the Citizenship Act to cancel such a certificate after going through the proper procedure laid down under the Act and the rules framed thereunder. Even if the petitioner has committed fraud, he could be prosecuted under section 17 of the Indian Citizenship Act. But so long as the certificate is in force the petitioner cannot be treated to be a foreigner and the notice under' Section 3 of the Foreigners Act will be invalid.

(3.) I agree.