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february 1965

Supreme Court of India · 1965-02-05

MOHD. AYUB KHAN vs COMMISSIONER OF POLICE, MADRAS AND ANOTHER

Citation / case number
SC 1964/90433
Court
Supreme Court of India
Petitioner
MOHD. AYUB KHAN
Respondent
COMMISSIONER OF POLICE, MADRAS AND ANOTHER
Author
SUBBARAO, K.,WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
Bench
SUBBARAO, K.,WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that under Section 9(2) of the Indian Citizenship Act, 1955, the Central Government must conduct a quasi-judicial enquiry before determining the citizenship status of an individual who has acquired a foreign passport. The Court emphasized that the affected citizen must be given reasonable opportunity to contest the allegations against them. The Court also clarified that obtaining a foreign passport does not automatically imply voluntary acquisition of foreign citizenship, as coercion or fraud may be involved.

MOHD. AYUB KHAN vs COMMISSIONER OF POLICE, MADRAS AND ANOTHER · Niyam