LAWS(GAU)-2010-2-1

MOSLEM MONDAL Vs. UNION OF INDIA

Decided On February 01, 2010
MOSLEM MONDAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The four appellants are petitioners in WP(C) No. 1355/2008, which was dismissed by an order, dated 25.7.2008, alongwith a number of other writ petitions, which were clubbed together and heard by the learned Judge as certain common questions arose.

(2.) Essentially, the question, with reference to each of the appellants herein, is whether he or she is a 'citizen' of India or a 'foreigner' within the meaning of the expression "foreigner", as defined under Section 2(a) of the Foreigners Act, 1946, which reads:

(3.) The definition is couched in negative language. Therefore, it becomes necessary to examine whether a person is a citizen of India or not in order to determine whether the person is a foreigner or not. However, the expression "citizen" is not defined in any statute.