Article 19(1)(e) Not Available To Foreigners: Gujarat High Court Refuses To Interfere With Order For Deportation Of Pakistani National

"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 Petitioner had claimed that he was born and brought up in India and was married to an Indian citizen and thus entitled to citizenship under Section 5(1)(c) of the Indian Citizenship Act. He challenged the decision of the authorities on the ground that it violated the principles of natural justice.

The ASG contested that the Petitioner has been living in India for almost 40 years without legal permission and authority. It was submitted that in a civil suit filed earlier 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. Thus, he argued that the instant petition was not maintainable under Article 14 and 19 of the Constitution.

At the outset, the High Court observed that the Petitioner had filed an application for claiming citizenship only on 16.07.2022.

However, it noted that the present writ petition challenging the impugned order of Police Superintendent itself is misconceived since the impugned order is premised on the order passed in abovementioned appellate proceedings, that were not challenged by the Petitioner.

"In the present case, unquestionably, the petitioner has not challenged the aforesaid order by filing an appeal and since the impugned order dated 14.07.2022 is premised on the said order dated 12.07.2022 passed in the Regular Civil Appeal, the petitioner cannot contend that he has right to be heard before passing the order since such right would get diluted in view of the order passed by the Court of Principal District Judge, Panchmahals at Godhara," the Court held.

It added that the Petitioner is indubitably 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 passed by the respondent authorities, it added.

Accordingly, the petition was dismissed.

Case No.: C/SCA/13566/2022

Case Title: AKIL VALIBHAI PIPLODWALA (LOKHANDWALA) v/s DISTRICT SUPERINTENDENT OF POLICE, PANCHAMAHAL AT GODHRA

Citation: 2022 LiveLaw (Guj) 282

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