Excelsior Correspondent
SRINAGAR, Apr 30: High Court has restrained the authorities from deporting a family of Poonch district to Pakistan till objections to the plea are filed by or before May 20.
Justice Rahul Bharti has directed the concerned authorities not to ask or force the petitioner-family to leave J&K till objections are filed by them in opposition to the plea of aggrieved family. The court directed for listing of the case for further consideration on 20.05.2025.
The court in order find out the factual position has directed the Deputy Commissioner, Poonch to come forward with furnishing of an affidavit with respect to the status of property holding if any by the petitioner-family in their own name and right or by reference to their father in reference to Mauza Salwah tehsil Mendhar district Poonch.
The petitioners are members of a family with Faqur Ali alias Faqur Din being their father (now deceased) and claim to be residents of village Salwah, tehsil Mendhar, district Poonch.
The petitioners have recently been confronted with a situation bearing the prospect of going to be forced out of J&K and India on the pretext of being Pakistani citizens which premise and position is however being seriously contested by the petitioners.
They have referred to their respective birth place and with respect to some of the petitioners it is in Jammu & Kashmir and with respect to others it was at concentration camp at Tralkhal, PoJK.
They contended by reference to Mauza Salwah tehsil Mendhar district Poonch they have the revenue record obtaining in their favour to be the holders of the land and in this regard the counsel for the petitioners refers to khasra- girdawaris of the year 2014, 2019 & 2021 to show that the some of the petitioners by reference of their father Faqur Din are in the recorded cultivating possession of the land in Mauza Salwah.
Furthermore, by reference to the one of the petitioners being stated that he is a Police Constable in Indian Reserve Police (IRP) and in this regard, order No. 475 of 2021 dated 12.04.2021 has been placed on record.
“The petitioners 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 is 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”, read the plea.
“…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”, read the order.
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