Excelsior Correspondent
JAMMU, July 2: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal has stayed the order of the writ court whereby direction was given to Union Ministry of Home Affairs to repatriate a 63-year-old Pakistani-origin woman, who was deported following the Pahalgam attack.
The stay order has been passed in a LPA filed by Union of India through Secretary, Ministry of Home Affairs challenging the order of writ court dated June 6, 2025.
The MHA submitted before the Division Bench that impugned order proceeds on an erroneous assumption that her marriage to an Indian citizen entitles her to claim a right to reside in India.
“A foreign national does not acquire Indian nationality or legal residency rights solely by virtue of marriage. A foreigner does not possess a fundamental right to reside in India and their entry and stay are subject to regulatory control of the State under Foreigners Act 1946”, the MHA further submitted.
After hearing Tushar Mehta, Solicitor General of India with DSGI Vishal Sharma for appellant, the DB issued notice to respondent and ordered that impugned order dated June 6, 2025 shall remain stayed.
Senior Advocate Surinder Kour appeared for Rakshanda Rashid.
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