E-Paper
HC stays deportation of 'Pak' national
The Jammu and Kashmir high court has stayed the deportation of resident of Rajouri, who was born in the state, but had crossed over to the Mirpur area of the PoK, though had in 1987 returned to his native place.
The Jammu and Kashmir high court has stayed the deportation of resident of Rajouri, who was born in the state, but had crossed over to the Mirpur area of the PoK, though had in 1987 returned to his native place.
Justice Tashi Rabstan directed the state government to not act on the order of the home ministry for the deportation of Mohmaad Munshi.
Munshi in his writ petition had prayed before the court that he was born on 1943 and was a permanent resident of the state.
Advocate Dinesh Chouhan submitted before the court that during 1965 Indo-Pak war on account of disturbances along the border, he crossed over to Pakistan-occupied Kashmir along with his father, which petitioner said was recognised as an integral part of the state.
The petitioner had submitted that he tried a number of times to return to his place but was denied so by Pakistan authorities.
He then applied for passport as a Pakistani citizen and in 1983 got visa from the Indian High Commission for visting India.
Munshi on reaching Rajouri got married to Ferzanda Begum, a resident of Rajouri. On getting married, he along with his wife went back to Mirpur in PoK. However, they crossed over to India in 1987 and had been staying in the Ahiti village of Rajouri since then and have two sons and six daughters.
The writ petitioners are having valid state subject, landed property and had been regularly casting their votes in state and parliament elections since then.
The petitioners had submitted that one Mohammad Jamil, a resident Gurian, Rajouri, with an intention to grab the property had been levelling allegations against them for being a Pakistan national. He even made a representation against the writ petitioners before the CID inspector general.
The police on obtaining representation had ordered his deportation in January on the basis of the report of the union home ministry.
