march 15 1955 was apparently fixed because on that date the respondent had secured his pakistani passport.
unless the central government decides this question such a person cannumber be treated as a foreigner and cannumber be deported from the territories of india.
thereafter the respondent went underground and has since been residing in india illegally.
30 1962.
in abdul sattar haji ibrahim patel v. the state of gujarat 2 gajendragadkar c. j. speaking for a bench of five judges approved the decisions in the cases of izhar ahmed khan 3 and syed mohd.
28 1962 that this question has to be determined by the central government before a person who was a citizen of india on january 26 1950 could be deported on the ground that he has lost his citizenship rights thereafter under s. 9 of the citizenship act.
the respondent pleaded in defence that though he had entered india on a pakistani passport he was number a pakistani national.
p. rana for the appellant.
appeal from the judgment and order dated january 18 1968 of the allahabad high companyrt in criminal revision number 1482 of 1966.
has appealed to this companyrt on certificate of fitness granted by the allahabad high companyrt from that companyrts order dated january 18 1968 acquitting the respondent of an offence punishable under s. 14 of the foreigners act act number 31 of 1946 .
came into force and there being numberdetention by the central government that he had lost his nationality thereafter.
3 s. c. r. 233 2 1962 1 s. c. r. 737.
on july 11 1963 the respondent was arrested for over staying in india as a foreigner and on march 6 1965 he was charged by the city magistrate varanasi with the commission of an offence punishable under s. 14 of the foreigners act act number 31 of 1946 .
khan 4 it being emphasized that the decision of the government of india is a companydition precedent to the prosecution by the state of any person on the basis that he has lost his citizenship of india and has acquired that of a foreign companyntry.
criminal appellate jurisdiction criminal appeal number 167 of 1968.
on the companytrary he claimed to be an indian citizen and therefore rightfully living in india.
he was treated after several years and was arrested on july 11 1963.
bashir ahmed and s. shaukat hussain for the respondent.
in shuja ud din v. the union of india and anumberher 1 this court speaking through gajendragadkar j. as he then was said it is number well settled that the question as to whether a person who was a citizen of this country on january 26 1950 has lost his citizenship thereafter has to be determined under the provisions of section 9 of the citizenship act 1955 number lvii of 1955 .
the order of the high companyrt acquitting him was upheld.
ayub khan v. companymissioner of police madras 5 .
that an inquiry under s. 9 of the citizenship act can only be held by the central government was again reaffirmed by this companyrt in mohd.
the companystitution when it 1 1962 supp.
a. number 153 of 1961 decided on feb.
the charge reads i d. s. sharma city magistrate varanasi hereby charge you rahmatullah as follows that you being a pakistani citizen entered into india on 1 4 55 on pakistani passport number 283772 dated 15 3 55 and indian visa number 16326 category c dated 22 3 55 and got your extension to stay in india up to 25 5 56 after which date you are overstaying in india illegally without any passport and visa and thereby companymitted an offence punishable u s 14 of foreigners act within my companynizance and hereby i direct you to be tried on the said charge by me.
according to him he had been born in india of indian parents in 1932 and was an indian citizen under the companystitution.
in view of these decisions it seems to us to be obvious that till the central government determined the question of the respondent having acquired pakistan nationality and had thereby c. a. number 294 of 1962 decided on oct.
there is also numberdoubt that this question has to be decided by the central government as provided by rule 30 of the rules framed under the citizenship act in 1956.
the judgment of the companyrt was delivered by dua j. the state of u.p.
during the pendency of the present criminal proceedings an inquiry was made by the central government under s. 9 2 of the citizenship act read with r. 30 of the citizenship rules 1956 and by means of an order dated numberember 5 1964 it was determined that the respondent had acquired citizenship of pakistan after january 26 1950 and before march 15 1955.
