Law: Foreigners Act, 1946

Section: 14, 9, 2(a)

Law: Pakistan Citizenship Act, 1951

Section: 7

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 18th August 1970, in Criminal Revision No. 375 of 1969). Foreigners Act (XXXI of 1946), Ss. 14, 9 & 2(a) read with Pakistan Citizenship Act (11 of 1951), S. 7-Prosecution for offence under S. 14 of Act XXXI of 1946-Burden, under S. 9, on accused to prove that he is not `foreigner'-However, where Pakistan citizenship admitted, burden shifts on prosecution to prove that accused lost his Pakistan citizenship-Word "migrat ed" in S. 7 of Act II of 1951-Person obtaining Migration Certifi cate from Attache to Deputy High Commission (or India, leaving Pakistan during communal disturbances, residing in India for short period but not making any attempt to permanently settle there Person, in circumstances, could not be said to have lost Pakistan citizenship-Nor could he be prosecuted under S. 14 of Act XXXI of 1946, on his return to Pakistan. During communal disturbances in the country B who was a Pakistan citizen, obtained a Migration Certificate from the Deputy High Commission for India, left Pakistan, entered India and resided there for a month or two. On the return of normal conditions he entered Pakistan and resumed his normal occupation. Subsequently he was prosecuted and convicted under section 14 of the Foreigners Act, 1946, on the ground that having gone to India on the strength of a Migration Certificate he had lost Pakistan citizenship and could not have entered Pakistan without valid travel documents nor could he stay in the country without acquiring Pakistan citizenship over again. Held : "It is true that section 9 of the Foreigners Act, 1946, throws the burden of proof on the respondents (to prove that they are not foreigners) but section 9 is inapplicable in the facts of this case. Admittedly, the respondents were the citizens of Pakistan at the commencement of the Pakistan Citizenship Act on the 13th April 1951. They were thus the citizens of Pakistan till the time of their entry into the Indian territory on the 9th November 1964, on the strength of the Migration Certificate. Their Pakistan citizenship being admitted, it is for the prosecu…