Supreme Court of India · 1961-04-04
UNION OF INDIA vs GHAUS MOHAMMAD
- Citation / case number
- SC 1960/45
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- GHAUS MOHAMMAD
- Bench
- SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that under Section 3(2)(C) of the Foreigners Act, 1946, the burden of proof lies on the individual to establish that they are not a foreigner. The Court found that the High Court erred in placing the burden on the Union of India to prove the respondent's foreign nationality. The appeal by the Union of India was allowed, and the High Court's order quashing the externment order was set aside, reaffirming the applicability of Section 9 of the Citizenship Act, 1955, which does not pertain to the termination of citizenship in this case.