STATE OF ASSAM versus JILKADAR ALI

STATE OF ASSAM versus JILKADAR ALI

A person who migrated from India to Pakistan after the first day of March 1947 falls within the scope of Article 7 of the Constitution and is not deemed a citizen of India even if he complies with Article 5. Such a person entering India on a Pakistani passport and overstaying the permitted period under a visa is a...

Source-derived case information.

Parties
Appellant: State of Assam; Respondent: Jilkadar Ali
Jurisdiction
India
Judgment Date
18 July 1972
Procedural Posture
Criminal Appeal / Appeal Against High Court Acquittal
Outcome
Appeal allowed; conviction and sentence restored.
Legal Topics
Citizenship, Definition of Foreigner, Partition Migration, Visa Overstaying
Criminal Law Constitutional Law Immigration Law Citizenship Definition of Foreigner Partition Migration Visa Overstaying

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Parties

State of Assam

Appellant

Jilkadar Ali

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Acquittal

Legal Issues

  1. 1 Whether a person who migrated to Pakistan after partition and returned to India on a Pakistani passport is deemed a 'foreigner' under the Foreigners Act, 1946
  2. 2 Whether Article 7 of the Constitution excludes citizenship for persons migrating to Pakistan after March 1, 1947
  3. 3 Whether overstaying after expiry of visa constitutes offence under Section 14 of the Foreigners Act, 1946

Ratio Decidendi

A person who migrated from India to Pakistan after the first day of March 1947 falls within the scope of Article 7 of the Constitution and is not deemed a citizen of India even if he complies with Article 5. Such a person entering India on a Pakistani passport and overstaying the permitted period under a visa is a foreigner and liable for punishment under Section 14 of the Foreigners Act, 1946.

Court Disposition

Appeal allowed; conviction and sentence restored.

Orders

  • The order of the Trial Court convicting and sentencing the respondent is restored.
  • Respondent to serve six months rigorous imprisonment and be deported from India after serving sentence.