Court : Orissa
Decided on : Nov-30-1964
Reported in : AIR1965Ori145; 1965CriLJ232
..... rules, it would not be open, to any state to prosecute the said person on the basis that he has lost his citizenship of india and has acquired the citizenship of a foreign country. a decision by the government of india is a condition precedent in that behalf. in the present case the learned magistrate was justified in his finding that at this stage ..... , that he is an indian citizen. the prosecution has led no evidence to prove that the accused has lost his indian citizenship. he has properties in india and his wife in india. there is no evidence as to when he bad left india. 8. as regards the pakisthani passport, itby itself does not show that he is a pakisthani national. their loraships of the ..... which article 7 of the constitution refers must have taken place between march 1, 1947 and january 26, 1950. article 9 provides that no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article & if he has voluntarily acquired the citizenship of any foreign state. casual ..... the question as to whether the accused was an indian citizen within the meaning of article 5 of the constitution, the onus of proof will have to be placed on the accused to show that he was domiciled in the territory of india on january 25, 1950 and that he satisfied one of the three conditions prescribed by clauses (a), (b) and .....Tag this Judgment!