Court : Gujarat
Decided on : Apr-27-1962
Reported in : AIR1963Guj48; (1963)0GLR247
..... in the light of the facts end circumstances of that case. there the petitioner was born at godhra, of parents who also were born in india and had a domicile in india at the commencement of the constitution. he was, therefore, a citizen under article 5. we held in that case that article 7 did not apply to him as he had not ..... ground of migration as contemplated by article 7. we also held that as there was no order passed by the central government to the effect that he had lost his citizenship by having been in pakistan or on his having obtained a pakistani passport, the order of deportation passed against him was not a valid order and was premature. the facts ..... distinction between the two questions (1) whither a person is an indian citizen or a foreigner and (2) whether a person having once been an indian citizen has renounced that citizenship and acquired a foreign nationality. they held that the first question was not one which was within the exclusive jurisdiction of the central government to decide and, therefore, a civil ..... jurisdiction to determine it. the question therefore whether the petitioner in this case is a foreigner or a citizen of india is within the jurisdiction of a civil court and not the central government by virtue of section 9 of the citizenship act.6. the question then is whether even on the assumption that the petitioner was not a foreigner when he .....Tag this Judgment!