Pahalgam aftermath: J&K High Court stays deportation of four accused of being Pakistani citizens

The High Court of Jammu and Kashmir and Ladakh recently stayed the deportation of four members of a family, including a police constable of the Indian Reserve Police (IRP), who were at risk of being deported from India on allegations that they were Pakistani citizens [Iftkhar Ali & Ors V/s Union of India]..Notably, after the Pahalgam terror attack of April 22, the Union government had decided to suspend visa services to Pakistani nationals and directed them to leave India by April 27.The four petitioners before the Court apprehended that they too would be forced to leave India on allegations that they were Pakistanis, although they denied this allegation and asserted that they were bona fide residents in Jammu and Kashmir's Poonch district. .On April 29, Justice Rahul Bharti observed that there was sufficient material, including revenue documents and police service records, to show that a prima facie case in the petitioners' favor. It, therefore, stayed any move to deport the petitioners from India for the time being, although it added that this direction would be subject to objections from the government's side. "Prima facie case is made out. List on 20.05.2025 ... Meanwhile, petitioners be not asked or forced to leave UT of Jammu & Kashmir. This direction is, however, subject to objections from the other side," the Court's order said. .The petitioners, all members of the same family from village Salwah in Mendhar tehsil of Poonch district, had approached the High Court after they were detained and faced imminent expulsion from India. Among them was Iftkhar Ali, a constable with the Indian Reserve Police.The petitioners told the High Court that they had been residing in India for decades and possessed land revenue records dating back to 2014. They claimed that they were being wrongfully targeted on allegations that they were "Pakistani nationals', despite being integrated into Indian society with families, property, and employment in government service.On finding prima facie merit to these arguments, the Court directed that the petitioners should not be forced to leave the Union Territory of Jammu and Kashmir until further orders.Further, the Court sought a detailed affidavit from the deputy commissioner of Poonch regarding the petitioners' landholdings and status in their village.The respondent-authorities have been asked to file their replies within two weeks. The matter will be heard next on May 20, 2025..Pahalgam aftermath: CRPF man moves J&K High Court against deportation of Pakistani wife.Advocate Mohd Latif Malik appeared for the petitioners.Deputy Solicitor General of India (DSGI) Vishal Sharma appeared for the Union of India and Senior Additional Advocate General Monika Kohli appeared for the Jammu and Kashmir government. .[Read Order]