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april 1971

Supreme Court of India · 1971-04-23

STATE OF U. P. vs RAHMATULLAH

Citation / case number
SC 1968/60412
Court
Supreme Court of India
Petitioner
STATE OF U. P.
Respondent
RAHMATULLAH
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court upheld the acquittal of the respondent under Section 14 of the Foreigners Act, 1946, stating that the prosecution failed to prove that the respondent was a Pakistani citizen who overstayed in India. The Court emphasized the importance of establishing citizenship status, noting that the respondent claimed Indian citizenship based on his birth in India. The Court found that the inquiry conducted under Section 9(2) of the Citizenship Act, 1955, which determined the respondent's Pakistani citizenship, was not conclusive enough to negate his claim of Indian citizenship.

STATE OF U. P. vs RAHMATULLAH · Niyam