MASUD KHAN vs STATE OF UTTAR PRADESH

The Supreme Court ruled that under Section 9 of the Foreigners Act, the burden of proof lies on the individual claiming Indian citizenship to establish their status. The petitioner, Masud Khan, failed to provide sufficient evidence to prove he was in India on 26-1-1950, and thus could not be deemed an Indian citizen. Consequently, the Court upheld the legality of his detention under the Foreigners (Internment) Order, 1962, and dismissed his writ petition for habeas corpus.