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april 1961

Supreme Court of India · 1961-04-05

FIDA HUSSAIN vs STATE OF UTTAR PRADESH

Citation / case number
SC 1960/44
Court
Supreme Court of India
Petitioner
FIDA HUSSAIN
Respondent
STATE OF UTTAR PRADESH
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court ruled that the appellant, who returned to India from Pakistan in 1953, was not a foreigner under Section 2(a) of the Foreigners Act, 1946, as he was a natural born British subject at the time of entry. Consequently, his conviction for breaching paragraph 7 of the Foreigners Order, 1948, was invalid since that provision applies only to individuals classified as foreigners upon entry. The Court held that the appellant's conviction was overturned, affirming his status as not being a foreigner.

FIDA HUSSAIN vs STATE OF UTTAR PRADESH · Niyam