The Supreme Court on Friday directed government officials to verify the citizenship documents of the Srinagar-based family of six, who are allegedly being detained for their exile in Pakistan.
A bench of Justices Surya Kant and N. Kotiswar Singh, however, ordered government officials not to take any tremendous action against the family, unless a proper decision is taken by the authorities, in this regard.
The bench gave the petitioner’s family freedom to contact the High Court of Jammu, Kashmir and Ladakh, if they are dissatisfied with the government’s decision on the validity of their citizenship.
The court also clarified that its decision is based on the peculiar facts of this particular case and thus will not be considered as an example in other similar cases, the Solicitor General of India (SGI) after Tushar Mehta, which was present for the center, was requested for the same.
The court was hearing the petition of a Bangalore-based person, demanding to stay in Pakistan on the exile of him and his five family members, who claim to be Indian citizens with all Indian passports and Aadhaar cards.
According to his petition, two family members- sons- are currently living in Bangalore, while the other four are located in Srinagar.
During the hearing, the court questioned the petitioner family, who claimed that they had originally occupied Kashmir), as if they moved to India in 1987.
“He (the petitioner’s father) was born in Mirpur, Pakistan, so how he came to India? It is a question?
The lawyer representing the petitioner’s family argued that the family has been ordered by government officials to exile without any investigation of their Indian passport.
At this point, the court asked the lawyer why their customers have not contacted the High Court of Jammu, Kashmir and Ladakh.
“Why have you not gone to the High Court? The only right to certify it is located in Srinagar. The other equal person is going to the High Court. Some others (people facing similar conditions) are capable of getting relief there, the High Court said.
Representing the government, SG Mehta argued that the family had overstated in India from its visa period.
SGI said, “Once you are beyond the visa issued by the government, you are not a citizen”, SGI said.
Hearing the presentations, the court said that the Government of India has ordered Pakistani citizens to leave the country and set a timeline for the same.
“As per the government order on April 25, 2025, the visa given to Pakistani citizens has been canceled, except except those who are duly protected. The timeline is set for the exile of Pakistani citizens who are not entitled to maintain visas for their living purpose …” The court said in its order.
The government’s decision to deport Pakistanis came after a terrorist attack in Pahgam on 22 April (J&K) where 26 tourists were killed.
The court settled the petition after verifying the citizenship documents of the petitioner’s family and taking a proper decision to take a appropriate decision. Till then, no strong action will be taken against the family, the court said.
This further clarified that this order would not be considered as an example to follow in all such cases, as it is based on the peculiar facts of this particular case. (AI)
