Excelsior Correspondent
Srinagar, Sept 10: The Division Bench High Court upheld the writ court judgment on deportation of wife and husband to Pakistan and directed that they have to return to their own country.
The writ court in August had dismissed the plea of both and vacated 35 year old stay on their deportation to Pakistan.
The Division Bench of Chief Justice and Justice Rajnesh Oswal dismissed their appeal also. “We have gone through the impugned judgment and find that the Writ Court has rightly arrived at the conclusion that the appellants have been residing in Srinagar since 1988 on the strength of Pakistani passports and the period of their visa stands already expired and they have to return to their own country”, DB said.
The Court opined and viewed that any foreign national having entered into India is required to leave the country immediately at the expiry of visa period and if such person doesn’t leave India, the Central Government is well within its power to issue any direction or instruction, as may be necessary, with regard to staying of such person in India in terms of Section 7 of the Act of 2025 including his removal from India. The issue is answered accordingly.
“We have reached to an ineluctable conclusion that the appellants have miserably failed to make out any good ground for interference with the impugned judgment”, the court concluded adding with “rather, the appellants have suppressed the material facts from this court and approached this court with unclean hands, just to prolong their stay in India and they succeeded to large extent because they continued to stay in India pursuant to interim direction issued by the learned writ court in the Accordingly, the appeal is dismissed being bereft of any merit”.
The brief facts of the case are that petitioner-Mohammad Kahlil Qazi born in Srinagar in the year 1945, belongs to a family of permanent residents and landholders of J&K State. His grandfather was issued a State Subject Certificate by His Highness Government of J&K vide order No. 111 of 1977.
During the partition of India, his father was doing business in Rawalpindi, Pakistan and due to the 1948 India-Pakistan war, the petitioner-Qazi, then a four-year-old child, was stranded in Pakistan. Neither he nor his family could return to Srinagar, leading to involuntary acquisition of Pakistani nationality due to compelling circumstances beyond his control.
The petitioner-Qazi and his wife along with their minor son arrived in India in the year 1988 on 14 days short period visa on Pakistani Indian visas and subsequently on their request, they were granted three visa extensions of 30 days each up to 02.11.1988. Thereafter, they requested for further extension of their stay in India, which was rejected and the Home Department subsequently, issued their Deportation Order No. Home/156/Visa/88 dated 13.09.1989.
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