STATE OF ASSAM vs JILKADAR ALI

The Supreme Court held that the respondent was a 'foreigner' under Section 2(a) of the Foreigners Act, 1946 when he entered India in 1955, as he had opted for service in Pakistan after partition and had obtained Pakistani citizenship. The Court clarified that by overstaying his visa, he breached Clause 7 of the Foreigners Order, 1948, and was liable for conviction under Section 14 of the Foreigners Act. The High Court's acquittal was reversed, affirming that the respondent was deemed not to be a citizen of India at the time of his entry in 1955.