New Delhi: The Supreme Court on Friday directed authorities not to deport to Pakistan six members of a family, who allegedly overstayed their visa, till their citizenship claim is verified.
A bench of Justices Surya Kant and N Kotiswar Singh without fixing any specific timeline asked the authorities to verify the identity documents such as passports, Aadhaar card, pan card, etc., of the family and other relevant facts, which are brought to their notice.
“In the peculiar facts and circumstances of this case, authorities may not take coercive action till an appropriate decision is taken. If petitioners are dissatisfied by the final decision, they can approach J&K&L HC. Order not to be treated as precedent,” the bench said.
The family, which lives in Kashmir and whose sons work in Bengaluru, faced deportation to Pakistan following the Pahalgam terror attack in which 26 people lost their lives.
Observing that the issue involves a human angle, the bench gave the family the liberty to approach the Jammu and Kashmir High Court in case they are aggrieved by the document verification order.
Advocate Nanda Kishore, appearing for the family, claimed they had valid passports and Aadhaar cards.
He said the family members in Srinagar were bundled into a jeep and ferried to the Wagah border and now were at the “threshold of being thrown out of the country”.
The bench while directing the authorities to verify all the documents said that a decision be taken at the earliest, though no time limit was fixed.
Justice Kant asked the petitioner’s counsel, “How did the father come to India? You have said he was in Pakistan.”
Kishore said he came to India in 1987 on a valid visa and surrendered the Pakistani passport at the border.
One of the sons, who was appearing virtually, claimed the father came to India from Muzaffarabad, from the other side of Kashmir.
Solicitor general Tushar Mehta, appearing for the Centre, said it would be appropriate that the petitioners approach the authorities concerned first so that their claims were verified.
“Let them approach the authorities,” Mehta said while assuring the bench that no coercive action would be taken against them till a decision was arrived at on the documents.
“It was a case, where these people have overstayed the visa,” he submitted.
The bench, however, said the oral undertaking might pave the way to uncertainties.
The top court was hearing a plea by Ahmed Tarek Butt and his five family members who claimed they were detained and taken to the Wagah border for deportation to Pakistan despite having valid Indian documents.
The bench noted that following the Pahalgam attack, the Centre in a notification dated April 25 has revoked the visa of Pakistani nationals except for those provided in the order itself and gave a specific timeline for their deportation.
Data lost in floods: SC grants time to J&K govt to submit report on Pak nationals
The Supreme Court on Friday granted more time to the Jammu and Kashmir government to inform it about the number of Pakistani nationals detained under the provisions of the Jammu and Kashmir Public Safety Act, 1978.
A bench of Justices Abhay S Oka and Ujjal Bhuyan gave six more weeks after the authorities were informed that data relating to such prisoners was lost during floods in the union territory.
The top court then posted the matter for hearing on July 25.
The apex court was hearing a plea filed by Jammu and Kashmir National Panthers Party leader and senior advocate late Bhim Singh who had petitioned the court on Pakistani citizens detained under the provisions of the Jammu and Kashmir Public Safety Act, 1978.
His plea sought such persons to be freed and deported to Pakistan.
The top court previously expressed concerns over the fate of those Pakistani nationals who were released from Indian jails after completing their terms and if the neighbouring country did not accept them as its citizens.
The government was, therefore, asked to bring in a suitable mechanism to ensure such foreign nationals were not forced to remain in jails as courts frequently dealt with complaints about Pakistani nationals being incarcerated in jails despite having served their sentence.
