Jammu and Kashmir High Court stays deportation of Kashmiri man who lost passport in Pakistan in 1986

He had gone to Pakistan in 1986 to meet his sister and brother-in-law who had migrated there in 1965. He is stated to have lost his passport there.

The Jammu & Kashmir and Ladakh High Court recently stayed the deportation of a 72-year-old Kashmiri man, who is stated to have travelled with valid documents to Pakistan in 1986 and later lost his passport there [Mohammad Rustum Mir V/s Union Territory of J&K and Ors]

Justice MA Chowdhary in the order passed on December 13 said,

"Subject to objections from the other side and till next date of hearing before the Bench, it is ordered that the petitioner shall not be deported until further orders", the Court said.

The Court listed the matter for further hearing on February 25.

The Court's decision was influenced by a communication from the Senior Superintendent of Police (SSP) Handwara, who corroborated that Mohammad Rustum Mir, then known as Mohammad Yousuf, had travelled to Pakistan on valid documents in 1986 via the Wagah border.

He had gone there to meet his sister and brother-in-law who had migrated to Pakistan in 1965. Originally residents of Kashmir, they currently reside in Rawalpindi, Pakistan.

The counsel representing Mir told the Court that he had visited Pakistan on a valid visa but during the trip, lost his passport and other travel documents.

In order to return to Kashmir, Mir is stated to have managed to secure a fresh Pakistani visa. On return, he allegedly faced harassment by authorities.

In response, Mir had filed a writ petition before the High Court in 1988, which resulted in a favorable court order dated June 9, 1988. That order explicitly directed the government not to compel Mir to vacate India.

Despite the earlier court order, the petitioner submitted that the authorities were now compelling Mir to leave the country along with his family.

The plea said that Mir is now 72 years old and has five children who are currently studying in their native village in Kashmir.

Forcing the family to leave would disrupt the children's education and cause undue hardship to the elderly petitioner, it was submitted.

"The petitioner and his family have lived a peaceful life in their native village for decades since the 1988 court order. However, recent actions by the authorities have caused immense distress," the plea said.

After hearing the arguments, the Court granted temporary relief by restraining the government from deporting Mir until further orders.

Advocate Saleem Gul appeared for the petitioner.

Advocate Furqan Sofi appeared for the State.