EBRAHIM VAZIR MAVAT versus THE STATE OF BOMBAY AND OTHERS.

Citation: [1954] 1 S.C.R. 933 · Decided: 15-02-1954 · Supreme Court of India · Bench: MEHR CHAND MAHAJAN · Disposal: Appeal(s) allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

; 
[ 
'· 
S.C.R. 
SUPREME COURT REPORTS 
EBRAHIM VAZIR MAVAT 
"· 
THE STATE OF BOMBAY AND OTHERS. 
(With Connected Appeals) 
[MEHR 
CHAND 
MAHAJAN c. J., MUKHERJEA, 
S. R. DAS, V1v1AN BosE and 
GHULAM HASAN JJ.] 
933 
Constitution of India, arts. 13(1), 19(1) (<)-Influx 
from 
Pakistan 
(Control) Act, 1949 (Act XXII/ of 1949) s. 7-Wlwha 
ultra vires th~ Constitution. 
He/ti, 
(Per 
MEHR 
CHAND 
MAHAJAN 
C. J., 
MuKHERJEA, 
V1vihN 
BosE and 
GttULA~I HAsAN JJ.; S. R. DAs J. dissenting) 
that s. 7 of the Influx from Pakistan (Control) Act, 1949 j, void 
under art. 13(1) in ·so far as it conflicts \.Vith the fundamental right 
of a citizen of India under art. !9(1)(e) of the Constitution and 
the order of physical removal of the citizen from India is there~ 
fore liable to be set aside. 
Per DAs J.-In view of the circumstances the provisions of 
~. 7 of the Act were reasonable restrictions within the n1eaning of 
cl. 5 of art. 19 of the Constitution imposed in the interests of the 
gcner.il public upon the exercise by Indian citizen coming from 
Pakistan without a permit of the rights conferred by art. 19(1) 
( d) and (e) of_ the Constitution. 
CRIMINAL 
APPELLATE 
J URrso1cTION : 
Criminal 
Appeals Nos. 65 and 66 of 1952, 5 and 19. of 1953 and 
Petitions Nos. 170 of 1952, 19 and 57 of 1953. 
Appeals from Orders, dated the 9th April, 1952, of 
the High Court of Judicature at Bombay in Crimin:il 
Applications 
Nos. 707 and 
708 of 1951, from the 
Judgment and Order, dated 
the 15th December, 1952, 
of the High Court of Judicature at Bombay in Criminal 
Application No. 1310 of 1952; from the Judgment and 
Order, dated the 29th November, 1952, of the Judicial 
Commissioners 
Court 
Vindhya Pradesh, Rewa, 
m 
Criminal Miscellaneous No. 49 of 1952; 
and petitions 
under article 32 of the Constitution of India. 
f. B. Dadachanji and Z. F. Bootwala for the 
4ppellants in Criminal Appeals Nos. 65 and 66 of 1952 
4nd 5 of 1953-
C. 
K. 
Daphtary, 
Solicitor-General 
for 
lndi11 
G. N. foshi, with him) for respondents Nos. 1 :ind 2 in 
1954 
February 15. 
1954 
Ebrahim Vazir 
Mavat 
v. 
The State of 
Bombay 
and Others. 
934 
SUPREME COURT REPORTS 
[1954] 
Criminal Appeals Nos. 65 and 66 of 1952 and respond-
ent No. 1 in Criminal Appeal No. 5 of 1953. 
K. 
B. 
Asthana, for the 
appellant in Criminal 
Appeal No. 19 of 1953. 
C. K. Daplitary, Solicitor-General for India, (Porus 
A. Mehta and G. N. Joshi, with him) for the respond-
ent in Criminal Appeal No. 19 of 1953. 
S. P. Sinha (Sri Narain Andley, with him) for the 
petitioners in petition No. 170 of 1952. 
Gopalji Mehrotra for respondent No. 1 in petition 
No. 170 of 1952. 
C. K. Daphtary, Solicitor-General for India 
(Porus 
A. Mehta, with him) for respondent No. 3 in petition 
No. 170 of 1952. 
S. P. Sinha (S. N. Mukherji, with him) for peti-
tioner in petition No. 19 of 1953. 
Gopalji Mehrotra for respondent No. 
1 m 
petition 
No. 19 of 1953. 
G. N. foslzi 
for respondent No. 3 m 
petition 
No. 19 of 1953. 
H. J. U mri gar, amicus curiae, for the petitioner in 
petition No. 57 of 1953. 
C. 
K. 
.Daphtary, 
Solicitor-General 
for 
India 
(G. N. foshi, with him) for the respondents in petition 
No· 57 of 1953. 
1954. 
February 15. 
The Judgment of Mahajan 
C.J., Mukherjea, 
Vivian Bose and Ghulam Hasan JJ. 
was delivered 
by Ghulam Hasan J. Das J. 
delivered 
a separate judgment. 
Criminal Appeals Nos. 65 and 66 of 1952. 
CHUI.AM HASAN J.-This batch of appeals raises a 
common 
question 
of 
the 
constitutional 
validity 
of 
section 7 of the Influx from Pakistan (Control) Act 
(XXIII of 1949). 
Section 3 of the same Act is also 
assailed on behalf of some of the appellants but for truo 
purpose of deciding these appeals it will not be neces-
sary to deal with the latter question. 
Criminal Appeals Nos. 65 and 66 of 1952, which are 
directed against the judgment and order of the High 
Court of Judicature at Bombay in two petitions under 
article 226 of the Constitution praying for the issue of 
• 
• 
S.C.R. 
SUPREME COURT REPORTS 
935 
a writ of mandamus requiring the respondent not to 
remove them from India 
on the ground that the 
impugned section 7 is 
void 
may 
be treated as the 
leading case which will govern the other appeals. 
The facts 
of each of these appeals are slightly 
different but they proceed upon the common assertion 
that the appellants are citizens of the Indian Republic. 
This fact was assumed in the leading case but it is not 
disputed 
that the status
Excerpt shown. Read the full judgment & AI analysis in Lexace.