M A KHADER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition for habeas corpus on a return of the rule nisi. The learned Advocate-General on behalf of the State has placed before us all the relevant facts relating to the arrest and detention of the detenue. The petitioner has been detained under section 3 of the Foreigners (Internment) Order, 1962 in that the petitioner being a Pakistani citizen had to be interned in view of the hostility between India and Pakistan which broke out in September, 1965.

(2.) The petitioner's contention is that he is an Indian citizen and not a Pakistani citizen, inasmuch as he has been in India since his birth and can in no sense be declared to be a Pakistani citizen. Further it is contended that whether he is a Pakistani citizen or an Indian citizen is a matter which must be determined by the Central Government under section 9 (2) of the Citizenship Act, 1955.

(3.) It is no doubt true that several decisions of their Lordships of the Supreme Court have authoritatively laid down that where under the Citizenship Act, 1955, the nationality of a person is in question, it is the Central Government under section 9 (2) that has to determine it and say whether he is an Indian citizen or a foreign citizen. But this principle and rule of law is limited to cases which arise only under the Citizenship Act, namely, in respect of foreign citizenship alleged to have been acquired by Indian nationals after 26th January, 1950 ; but citizenship acquired or said to have been acquired prior to India becoming a Republic on the 26th of January, 1950 cannot be determined by the provisions of the Citizenship Act, 1955, but must be determined by the facts and circumstances as existed prior to the above date.