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september 1962

Supreme Court of India · 1962-09-28

STATE OF MADHYA PRADESH vs PEER MOHD. & ANOTHER.

Citation / case number
SC 1961/26
Court
Supreme Court of India
Petitioner
STATE OF MADHYA PRADESH
Respondent
PEER MOHD. & ANOTHER.
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that Article 7 of the Constitution of India applies only to individuals who migrated to Pakistan between March 1, 1947, and January 26, 1950, and therefore, the respondents, who left India after January 26, 1950, did not cease to be Indian citizens. The Court clarified that cases involving the acquisition of foreign citizenship post-January 26, 1950, fall under the Citizenship Act, 1955, and must be addressed by the Central Government, not the courts. The High Court's acquittal of the respondents was upheld, affirming that they were not foreigners under the Foreigners Act, 1946, for overstaying their visa.

STATE OF MADHYA PRADESH vs PEER MOHD. & ANOTHER. · Niyam