Court : Guwahati
Decided on : Jan-13-1959
..... the defence evidence led in support, but found against the petitioner because he had failed to prove domicile and therefore citizenship of india.8. the questions that the petitioner owns no property in india, pays- no adda-tax and his name is not in the voters list were matters to which hardly any importance ..... was the real question involved, was lost sight of, and the learned magistrate applied himself to the question whether the petitioner was a citizen of india or not, and on reaching the finding that he is a pakistani national recorded the conviction as already stated and the appellate court also upheld this ..... citizen of india.but as already seen, petitioner could not be convicted even if he is not a citizen of india unless it was proved that he entered india after 15- ..... 10-1952. the question whether he is a citizen or india ..... real question for decision was whether the petitioner was a citizen of india. he observed after dealing with the defence evidence that the mere fact that the petitioner has been residing in india for more than 5 years, immediately preceding the constitution and after that too for so long will not make him a .....Tag this Judgment!