Jammu & Kashmir & Ladakh High Court Upholds Deportation Of Pakistani Nationals Who Entered India On Visa In 1988
The Excessive Court docket of Jammu & Kashmir and Ladakh has upheld the deportation of two Pakistani nationals who had entered India on legitimate visas in 1988. Dismissing their problem, the Court docket held that that they had voluntarily acquired Pakistani citizenship and thereby ceased to be Indian residents underneath Part 9(1) of the Citizenship Act, 1955. Their continued keep in India was not supported by any legitimate authorized proper after the expiry of their residential permits.
A Single Bench of Justice Sindhu Sharma noticed, “Petitioner No. 1 ceased to be a citizen of India as he migrated to Pakistan and is a citizen of Pakistan. Petitioner No. 2 has voluntarily acquired the citizenship of Pakistan after her marriage and their son is a citizen of Pakistan by beginning. Subsequently, instantly upon buying the citizenship of Pakistan, they stop to be residents of India.”
The Court docket added, “Voluntary acquisition of citizenship of one other nation by an Indian citizen leads to the termination of his Indian citizenship.”
Advocate Mohammad Altaf Khan appeared for the Petitioners, whereas Senior Further Advocate Basic Mohsin Qadiri represented the Respondents.
Temporary Info
The Petitioners, husband and spouse, have been initially born in Srinagar in 1945 and 1962, respectively. Petitioner No. 1 had migrated to Pakistan in the course of the 1948 battle and later acquired Pakistani citizenship. Petitioner No. 2 was an Indian passport holder, however after marrying Petitioner No. 1 in Rawalpindi in 1986, she additionally acquired Pakistani citizenship.
In July 1988, they entered India with their minor son on Pakistani passports and short-term Indian visas. Residential permits have been issued by the CID, and so they have been granted three visa extensions till November 1988. Subsequently, they made a illustration searching for resumption or grant of Indian citizenship.
Whereas the matter was pending, the Dwelling Division issued an order dated September 13, 1989, directing their deportation. Difficult this order, the Petitioners filed a writ petition searching for to quash the deportation and permit them to stay in India.
Reasoning of the Court docket
The Court docket held that the acquisition of Pakistani citizenship by the Petitioners meant they not had any declare to Indian citizenship. Referring to Part 9(1) of the Citizenship Act, 1955. It noticed, “The Petitioners have acted in their very own volition, acquired the citizenship of a overseas Nation. Their passports and the residential allow issued of their favour are cogent, unequivocal proof of the truth that the Petitioners are usually not residents of India and, as such, orders to deport them have been legitimate.”
The Court docket rejected the argument {that a} formal willpower underneath Part 9(2) was needed, noting that the information weren’t in dispute and supported the appliance of Part 9(1).
The Court docket additional famous, “There is nothing on document to recommend that their request for grant of citizenship of India has been accepted. They’re staying in India on the power of Pakistani passports, the interval of which has expired and after expiry of the extension of their keep they needed to return to their nation.”
The Court docket referred to the Supreme Court docket’s judgment in Izhar Ahmad Khan v. Union of India (1962), whereby it was noticed that the voluntary acquisition by an Indian citizen of the citizenship of one other nation terminates his citizenship of India, offered the stated voluntary acquisition has taken place between the twenty sixth January, 1950 and the graduation of the Act, or takes place thereafter.
Discovering that the Petitioners’ Indian citizenship had ceased and no authorized proper remained to remain within the nation, the Court docket dismissed the petition
Trigger Title: Mohd Khalil Qazi & Anr. v. State of Jammu & Kashmir & Ors. (OWP No.114/1990)
Look:
Petitioners: Advocates Mohammad Altaf Khan, Hashir Shafiq
Respondents: Senior AAG Mohsin Qadiri; DGSI T.M. Shamsi; Advocate Maha Majeed, Sahila Nissar
