The Jammu and Kashmir High Court issued stay the deportation of a Kashmiri man who lost his passport in Pakistan in 1986. He had traveled there to visit his sister and brother-in-law, who had migrated in 1965. During his stay, he reportedly lost his passport, leaving him stranded. The court’s decision provides temporary relief as his case is reviewed.
The Jammu & Kashmir and Ladakh High Court issued a stay on the deportation of a 72-year-old Kashmiri man who traveled to Pakistan in 1986 with valid documents and later lost his passport there.
Justice M.A. Chowdhary, in an order dated December 13, stated,
“Subject to objections from the other side and until the next date of hearing before the Bench, it is ordered that the petitioner shall not be deported until further orders.”
The matter is set for further hearing on February 25.
The court’s decision was influenced by a communication from the Senior Superintendent of Police (SSP) Handwara, which confirmed that Mohammad Rustum Mir, previously known as Mohammad Yousuf, traveled to Pakistan via the Wagah border in 1986 to visit his sister and brother-in-law, who had migrated there in 1965. They are originally from Kashmir and currently reside in Rawalpindi, Pakistan.
Mir’s counsel informed the court that he had traveled on a valid visa but lost his passport and other documents during his trip. To return to Kashmir, Mir managed to obtain a new Pakistani visa but reportedly faced harassment from authorities upon his return.
In response to the difficulties he encountered, Mir filed a writ petition in 1988, resulting in a favorable court order on June 9, 1988, which specifically instructed the government not to force him to leave India. Despite this earlier ruling, Mir claimed that authorities were now pressuring him and his family to vacate the country.
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The petition noted that Mir is now 72 years old and has five children who are studying in their home village in Kashmir. Forcing the family to leave would disrupt the children’s education and impose undue hardship on the elderly petitioner.
The petition asserted,
“The petitioner and his family have lived peacefully in their native village for decades since the 1988 court order. However, recent actions by the authorities have caused immense distress,”
After considering the arguments, the court granted temporary relief, restraining the government from deporting Mir until further notice. Advocate Saleem Gul represented the petitioner, while Advocate Furqan Sofi appeared for the State.