IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 12441 of 2010(E) -------------------------- PETITIONER(S): --------------- K.A.MOIDU, S/O.MOHAMMED (LATE), IS NOW RESIDING AT "DALIYA", KATHIRUR, POST EAST KATHIRUR, THALASSERY TALUK, EAST KATHIROOR VILLAGE, KANNUR DISTRICT, KERALA STATE. BY ADV. SRI.S.ABDUL SALAM RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KATHIRUR. ADV. SMT.SREELATHA PARAMESWARAN NAIR FOR R1 GOVT. PLEADER SHRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 12441/10. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE MARRIAGE CERTIFICATE. P2. COPY OF THE PERMIT DTD.8.3.07. P3. COPY OF THE PHOTO OF THE PETITIONER. P4. COPY OF THE PETITION DTD.30.3.2010. P5. COPY OF THE RECEIPT DTD.5.4.2010. P6. COPY OF THE JUDGMENT IN W.A.NO.1309/1995 OF THIS COURT. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 12441 of 2010 ================== Dated this the 11th day of June, 2010 J U D G M E N T The petitioner claims to be a person born in India to Indian parents in the year 1933. He claims that he migrated to Karachi for employment purposes Although he had no intention to make Pakistan as his permanent home, he happened to become a Pakistani citizen with a Pakistani passport. He has now come to Kerala on 8.2.2007. He wants to remain here permanently. But he is under threat of deportation. In the above circumstances, the petitioner has filed Ext.P4 petition allegedly under Section 9(2) of the Citizenship Act. Th petitioner seeks a direction to the 1st respondent to dispose of Ext.P4 expeditiously. 2. This writ petition came up on 8.4.2008, on which date the following interim order was passed: “Admit. Learned Asst. Solicitor General takes notice for R1. Urgent notice to R2 and R3. There will be a direction not to arrest and deport the petitioner, for a period of two months. It is submitted by the learned counsel for the petitioner that the petitioner is unable to move about because of illness. If the presence of the petitioner is required, then respondents 2 and 3 will issue intimation and on getting such intimation, the petitioner will appear before them.” It again cam up before me on 4.6.2010, on which date, I posted it to today, extending the interim order till today, to enable the Central Government Counsel to get instructions. No instructions are forthcoming. I am surprised that the 1st respondent is not concerned w.p..12441/10 2 about the matter. A Pakistani national is staying in this country without permission. Whether he is a dangerous person or not, in such matters the Union of India should be really concerned in view of the threat of terrorism hanging over the country. From the evidence before me, I doubt very much whether they are concerned, because even after two months no instructions are forthcoming in respect of the Pakistani national residing in this country without permission. If the interim order is extended, the petitioner would be able to continue residing in this country till the stay is vacated. Since this Court is concerned about the country, I am forced to pass orders without waiting further for instructions from the 1st respondent. In the above circumstances, this writ petition is disposed of with the following directions: The 1st respondent shall consider and pass orders on Ext.P4 as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Till then, the petitioner shall appear before the 3rd respondent once in every week. Respondents 2 and 3 shall constantly monitor the movements of the petitioner and shall arrest and detain, if he is involved in any suspicious movement. It would be open to the petitioner to adduce evidence before the 1st respondent in support of his case in Ext.P4. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p..12441/10 3