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Report No. 175

9. Case-Law

9.1 Most of the cases which cropped up under the Foreigners Act during the period from 1950 to 1970 relate to the determination of the question whether a person concerned was a foreigner. The determination of this question became simpler after the 1957 amendment of the Foreigners Act, 1946 saying that a foreigner meant a person who was not a citizen of India. In Fateh Mohd. v. Delhi Administration the apex court said that the appellant was certainly not a foreigner when he entered India under the pre-1957 amendment of the definition of the foreigner.

However, he was a foreigner under the amended definition and committed a breach of an order served on him after the amended definition came to hold the field. The appellant had, therefore, committed an offence within the meaning of section 14 of the Act by disobeying the directions given to him by the Delhi Administration.

In State of Andhra Pradesh v. Abdul khader, the Supreme Court observed that there could be no conviction under the Foreigners Act unless it could be held on the evidence that the respondent was a foreigner, i.e., a person who was not an Indian citizen.

In State of Bombay v. Ibrahim, the Bombay High Court observed that a person who, having been originally a British subject, entered India under a passport issued by a foreign country and under a visa obtained by him claiming that he was a national of a foreign country and desired to visit India for a limited period was not a citizen of India under the amended definition clause of the Act.

In Abdul Aleem v. State of Andhra Pradesh, the High Court observed that what was essential for the applicability of section 3 of the Foreigners Act, 1946, was that a person shou1d be a foreigner on the date the order under that section was made. The date of his entry into India was irre1evant for the consideration of the question arising under section 3(2)(c) of the Foreigners Act.

The Foreigners (Amendment) Bill, 2000 Back

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