Jammu & Kashmir & Ladakh High Court Halts Deportation Of Former Police Officer Alleged To Be Pakistani Citizen
The Jammu & Kashmir and Ladakh High Court was considering a Writ Petition against the Deportation Notice issued to him and his family.
The Jammu & Kashmir and Ladakh High Court has halted the deportation of a former Police Officer on allegations of being a Pakistani Citizen, observing that he is a bona fide resident as proved by revenue documents.
The Court was considering a Writ-Petition against the Deportation Notice issued to him and his family.
The bench of Justice Rahul Bharti observed, "The revenue documents produced by the learned counsel for the petitioners are taken on record for the sake of confirmation of submissions made by the learned counsel for the petitioners to prima facie establish that the petitioners are bona fide residents of J&K belonging to district Poonch and, thus, not amenable to be forced out of India in the manner as is intended to be done."
The Petitioner was represented by Advocate Mohd. Latif Malik while the Respondent was represented by DSGI Vishal Sharma.
The Petitioners contested the prospect of being forced out of UT of J&K and India on the pretext of being Pakistani citizens. Referring to their respective birthplace, the Petitioners produced revenue records declaring them to be the holders of land. He further referred to a previous Writ Petition to demonstrate that they have been in India since long back and that too not by stealth. It was submitted that they are married persons having their wives and families with respect to whom no order for ouster from India has come to be passed whereas it was only they who have been detained with intent to be forced out of India notwithstanding the fact they are settlers in Poonch in mauza Salwah dating back long.
The Court was satisfied with the revenue records so produced with respect to prima facie establishing the residency of the Petitioners.
Respondents were thus asked to file a reply within two weeks.
Cause Title: Iftkhar Ali & Ors. vs. Union of India & Ors.
Appearance:
Petitioner- Advocate Mohd. Latif Malik
Respondent- DSGI Vishal Sharma, Senior Additional Advocate General Monika Kohli
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