KhushiBajpai
Published on: July 23,2022 at 14:48 IST
The Gujarat High Court has recently dismissed the writ petition of a Pakistani citizen challenging the decision of the superintendent of police which directed him to leave India within 24 hours of receipt of the notice.
Justice AS Supehia also stated that, “in the present case, indubitably, the petitioner is a Pakistan citizen and as per the law enunciated by the apex court, he cannot invoke Articles 14 and 19 of the constitution of India, hence , he has no right to enter and remain within the territories of India. He is bound to the act, as per the order dated 14.07.2022 passed by the respondent authorities.”
The ASG contested that the petitioner has been living in India for almost 40 years without legal authority. It was submitted that in a civil suit filed by the petitioner was partly decreed and respondent authorities were restrained from deporting the petitioner till the decision of the central government under Section 9 of the Citizenship Act.
However, this order was set aside by the appellate court. The said judgment was not challenged by the petitioner and nothing is produced on record showing that the same is challenged before any higher forum.
The Apex Court dismissed the petition as the petitioner has no right to invoke the Articles 14& 19 of the Constitution of India, he has no right to enter the territories of India. He is bound to follow the directions passed by the respondent authorities.