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.