J&K High Court restrains deportation of aged Pak national

The order was passed by Justice Mansoor Ahmed Mir in a petition filed by 83-year-old Hashmat Ali, who had migrated to Pakistan in 1947 and did not want to return. It was submitted in the petition that Ali was born at village Pekhri in Samba prior to 1947 and the father of the petitioner Choudhary Ali alias Mali was owner of huge plots in Patwar Halqa Pekhri of tehsil Samba.

The petitioner solemnised marriage with Mariam Bibi prior to 1947 and out of that wedlock have two children. While Ali migrated to Pakistan in 1947, his wife alongwith the children and other relatives continues to stay in village Pekhri.

The advocates Surinder Kour and M L Malik appearing for the petitioner pleaded that Ali is an aged person and suffering from various ailments and so it is difficult for him to look after himself in Pakistan.

They urged the court to issue directions to the concerned authorities against deporting Ali. After hearing the petition, Justice Mir issued notices to Union of India through Secretary of Ministry of External Affairs, state of Jammu and Kashmir through Chief Secretary, Commissioner/Secretary J&K Home department, DGP J&K, DIG Jammu, Deputy Commissioner Samba, SSP Samba and SHO Police Station Vijaypur of Samba district returnable within four weeks.

Justice Mir also ordered that the respondents are directed not to deport the petitioner till further orders.