https://www.taxtmi.com/caselaws?id=293938 Under Section 9 of the Foreigners Act, the burden lay on the person claiming Indian citizenship to prove that he was not a foreigner, and mere assertion was insufficient. The petitioner's shifting accounts about when he went to Pakistan and his inability to show that he was in India on the relevant date meant that he failed to discharge that burden, so his claim to Indian citizenship was rejected. Issue estoppel also did not assist him because it applies only where an issue of fact determined in an earlier criminal prosecution is sought to be re-agitated in a later criminal prosecution; proceedings under the Foreigners (Internment) Order, 1962 are not criminal prosecutions, so the earlier acquittal did not bar consideration of foreigner status. The detention was upheld. en-us Wed, 26 Sep 1973 00:00:00 +0530 Wed, 10 Mar 2021 10:22:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293938 Under Section 9 of the Foreigners Act, the burden lay on the person claiming Indian citizenship to prove that he was not a foreigner, and mere assertion was insufficient. The petitioner's shifting accounts about when he went to Pakistan and his inability to show that he was in India on the relevant date meant that he failed to discharge that burden, so his claim to Indian citizenship was rejected. Issue estoppel also did not assist him because it applies only where an issue of fact determined in an earlier criminal prosecution is sought to be re-agitated in a later criminal prosecution; proceedings under the Foreigners (Internment) Order, 1962 are not criminal prosecutions, so the earlier acquittal did not bar consideration of foreigner status. The detention was upheld. Case-Laws Indian Laws Wed, 26 Sep 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293938