J&K HC Directs MHA Not to Deport Family of Pak National

Jammu and Kashmir High Court today directed Ministry of Home Affairs not to deport the family of Pakistan National Mushi Khan from the state.

Justice Tashi Rabstan of J-K High Court while issuing notices to Ministry of Home Affairs (MHA) and J-K government directed them not to deport the writ petitioners (family of Pak national-Munshi Khan) to Pakistan.

MHA had issued a government order to deport the Khan's family, alleged to be Pak Nationals, to their native country on the bases of the inquiry.

Mohmmad Munshi Khan, in his writ petition claimed that having born in village Ahiti district Rajouri in 1943, is a Class I state subject within the meaning of the Notification dated April 20, 1957 and thus became permanent resident of the J-K and therefore a citizen of India.

But during the hostilities of 1965, he had migrated to Pak Occupied Kashmir (which is part of territory of Jammu and Kashmir and therefore of Republic of India even though it is in illegal occupation of Pakistan) along-with his father but without any intention to settle there permanently.

During the period of stay in Mirpur in PoK, he tried his utmost to come back to India but all his efforts turned fruitless.

He obtained a visa from the High Commissioner of India in Islamabad in the year 1983, the petition said.

He later married to Ferzanda Begum of Village Ahiti of district Rajouri and left for Mirpur in PoK.

Since 1987 they have been staying in Ahiti and during this period have been blessed with two sons and 6 daughters, Petition said.

They have also exercised vote in Lok Sabha elections and in state Panchayat elections held in the year 2009, it said.

But unfortunately he was being deported by the MHA after a complaint was made to it.

Mohmmad Jamil of Gurian village, Fatehpur District Rajouri, with an intention to grab the property of Khan, inherited by him from his father, started levelling allegations of his being the Pak National.

Instead of initiating action against Jamil, his family was slapped with Government Order ordering deportation, the petition alleged.