J&K HC Backs Deportation Of Pakistani Couple Who Entered India On Visa In 1988
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J&Okay Excessive Court docket upheld the deportation of a pair who misplaced Indian citizenship after buying Pakistani nationality. Court docket dominated their keep put up visa expiry had no authorized foundation.
Srinagar: In the present day, on June 30, the Excessive Court docket of Jammu & Kashmir and Ladakh has dominated that two Pakistani nationals, who had entered India with legitimate visas in 1988, could be legally deported as they now not maintain Indian citizenship.
The Court docket dismissed their problem towards the deportation order, stating that by voluntarily buying Pakistani citizenship, they misplaced their Indian citizenship as per Part 9(1) of the Citizenship Act, 1955.
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The case was heard by a single bench of Justice Sindhu Sharma, who firmly said,
“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.”
Justice Sharma additional clarified that,
“Voluntary acquisition of citizenship of one other nation by an Indian citizen ends in the termination of his Indian citizenship.”
The petitioners on this case are husband and spouse, each initially born in Srinagar — the husband in 1945 and the spouse in 1962. Based on the case particulars, the husband moved to Pakistan throughout the 1948 battle and finally turned a Pakistani citizen.
The spouse held an Indian passport, however after marrying him in Rawalpindi in 1986, she too turned a Pakistani citizen.
In July 1988, the couple entered India together with their minor son utilizing Pakistani passports and legitimate Indian visas. The CID issued residential permits, and their visas have been prolonged 3 times, with the final extension legitimate till November 1988.
After their permits expired, they submitted a illustration to the federal government requesting that their Indian citizenship be resumed or granted.
Whereas this request was into account, the Dwelling Division issued a deportation order on September 13, 1989.
The couple challenged this order by submitting a writ petition within the Excessive Court docket, arguing that they need to be allowed to remain in India.
Nonetheless, the Court docket was clear in its view that the petitioners weren’t entitled to remain within the nation. It dominated that their voluntary act of changing into Pakistani residents had ended their authorized declare to Indian citizenship.
The Court docket mentioned,
“The Petitioners have acted in their very own volition, acquired the citizenship of a international 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 couple’s lawyer argued {that a} formal inquiry beneath Part 9(2) of the Citizenship Act ought to have been carried out to find out their citizenship standing.
Nonetheless, the Court docket disagreed. It defined that because the info of the case weren’t in dispute, there was no want for such a proper process.
It mentioned,
“There’s nothing on report 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.”
To assist its view, the Excessive Court docket additionally referred to a earlier Supreme Court docket judgment — Izhar Ahmad Khan v. Union of India (1962).
In that case, the Supreme Court docket had made it clear that if an Indian citizen voluntarily acquires citizenship of one other nation after January 26, 1950, it mechanically results in the top of their Indian citizenship. The Excessive Court docket adopted the identical authorized precept on this case.
After inspecting all the matter and concluding that the petitioners had no authorized proper to stay in India, the Excessive Court docket dismissed their petition.
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The Petitioners have been represented by Advocates Mohammad Altaf Khan and Hashir Shafiq.
The Respondents have been represented by Senior Further Advocate Normal Mohsin Qadiri, together with DGSI T.M. Shamsi and Advocates Maha Majeed and Sahila Nissar.
Case Title:
Mohd Khalil Qazi & Anr. v. State of Jammu & Kashmir & Ors. (OWP No.114/1990).
Learn Judgement:
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