Supreme Court of India

Union of India v. Ghaus Mohammad

Diary number
Neutral citation Not assigned by the Court
How to cite
Decided 4 April 1961

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In the result the only order that we make is that the order and the judgment of the high Court are set aside.

Judgment, page 4

From the headnote

An order had been made under s. 3(2)( ) Of the Foreigners Act, 1946, directing that the respondent, "a Pakistan national 745 shall not remain in India after the expiry of three days". The respondent moved the High Court of Punjab under Art. 226 of the Constitution to quash the order contending that he was not a Pakistan national. The High Court held that if there was Prima facie material to show that a person was a foreigner, a civil court would not go into the question whether he was a foreigner for under s. 9 of the Citizenship Act, 1955, that question had to be decided by the prescribed…

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