STATE OF MADHYA PRADESH versus PEER MOHD. & ANOTHER

STATE OF MADHYA PRADESH versus PEER MOHD. & ANOTHER

Article 7 of the Constitution applies only to migration from India to Pakistan prior to the commencement of the Constitution; the respondents' migration occurred after January 26, 1950 and is not covered under Article 7. Questions of loss of citizenship after this date must be determined by the Central Government under the Citizenship Act, and cannot be adjudicated by courts.

Parties
Appellant: State of Madhya Pradesh; Respondent: Peer Mohammad; Respondent: Mst. Khatoon
Jurisdiction
India
Judgment Date
28 September 1962
Procedural Posture
Criminal Appeal / Appeal Against Acquittal Judgment of Madhya Pradesh High Court
Outcome
Appeal dismissed
Legal Topics
Citizenship, Foreigners Act, Indian Constitution Article 7
Constitutional Law Criminal Law Citizenship Foreigners Act Indian Constitution Article 7

Case Brief

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Parties

State of Madhya Pradesh

Appellant

Peer Mohammad

Respondent

Mst. Khatoon

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Acquittal Judgment of Madhya Pradesh High Court

Legal Issues

  1. 1 Whether respondents, returning from Pakistan on Pakistani passport after January 26, 1950, ceased to be Indian citizens and became foreigners under Article 7 of the Constitution
  2. 2 Whether loss of Indian citizenship after January 26, 1950, is adjudicable in courts or under the Citizenship Act by Central Government

Ratio Decidendi

Article 7 of the Constitution applies only to migration from India to Pakistan prior to the commencement of the Constitution; the respondents' migration occurred after January 26, 1950 and is not covered under Article 7. Questions of loss of citizenship after this date must be determined by the Central Government under the Citizenship Act, and cannot be adjudicated by courts.

Court Disposition

Appeal dismissed

Orders

  • Respondents are not foreigners within the meaning of cl. 7 of the Foreigners Order and cannot be prosecuted under s. 14 of the Foreigners Act.
  • Appellant may move Central Government to determine citizenship under s. 9(2) of the Citizenship Act if alleged loss of Indian citizenship.