Regions & Countries



AIR 1954 Hyd 77

Year Decided



Hyderabad HC    India    


The petitioner was an Indian citizen who had gone to Pakistan on a pleasure trip and returned without taking any permit. He was prosecuted under Section 5 of the Influx from Pakistan (Control) Act, 1949 and ordered to leave India. It was contended that Central Government does not have these powers and that the Act is unconstitutional for violation of Fundamental Rights under Article 19(1)(d) and (e) of the Indian Constitution The court held that the power to remove a person was given under Section 7 of the Act to the Central Government and this applies to both, non-citizens and citizens, making the status of citizenship moot. It was also held that the Act is constitutional since the abridgment of the Fundamental Rights is only happening as a result of the operation of the Act and not as its main aim. The case of A.K. Gopalan v. State of Madras was relied upon. Since the A.K. Gopalan v. State of Madras was later overruled by Maneka Gandhi v. Union of India (1978) the value of this precedent is questionable.

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