MOHD. RAZA DABSTANI vs STATE OF BOMBAY AND ORS.

The Supreme Court held that mere residence in India does not establish Indian domicile or citizenship under Article 5 of the Constitution. The appellant, an Iranian national, failed to prove his intention to make India his permanent home, and the onus of proof lay on him. The Court ruled that since he identified himself as an Iranian national in his applications, he could not claim Indian citizenship, leading to the dismissal of his appeal.