Court Steps In Amid Tensions: As tensions rise after the Pahalgam terror attack, the High Court offers relief to a family facing expulsion, citing revenue records and government service documents as evidence of their Indian identity.
BY PC Bureau
The High Court of Jammu and Kashmir and Ladakh has stayed the deportation of four residents of Poonch, including an Indian Reserve Police (IRP) constable, who were accused of being Pakistani nationals and faced imminent expulsion from the country.
Justice Rahul Bharti, hearing the case on April 29, observed that a prima facie case had been made in favor of the petitioners, based on revenue records and official service documents. The court directed that the four individuals should not be compelled to leave the Union Territory of Jammu and Kashmir until further orders.
“Prima facie case is made out… Meanwhile, petitioners be not asked or forced to leave UT of Jammu & Kashmir,” the court noted, while making it clear that the stay order is subject to objections from the government’s side. The matter has been listed for the next hearing on May 20, 2025.
The petitioners, members of the same family from Salwah village in Mendhar tehsil of Poonch district, approached the court after they were detained and threatened with deportation. One of them, Iftkhar Ali, is a serving constable with the Indian Reserve Police. The family claimed they have been residing in India for decades and possess land revenue records dating back to 2014, among other documents.
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Their counsel, Advocate Mohd Latif Malik, argued that the petitioners were being wrongly targeted despite being fully integrated into Indian society with property, government employment, and local roots. The petition came against the backdrop of heightened scrutiny following the April 22 terror attack in Pahalgam, after which the Centre suspended visa services to Pakistani nationals and directed them to leave the country by April 27.
In response to the petition, the High Court also directed the Deputy Commissioner of Poonch to submit a detailed affidavit regarding the petitioners’ landholdings and local status. The Union of India was represented by Deputy Solicitor General Vishal Sharma, while Senior Additional Advocate General Monika Kohli appeared for the Jammu and Kashmir government.
