The Jammu & Kashmir High Court has temporarily stayed the deportation of 72-year-old Mohammad Rustum Mir, who had traveled to Pakistan in 1986 but lost his passport. The case is adjourned until February 25.
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In a significant legal development, the Jammu & Kashmir and Ladakh High Court has granted a temporary stay on the deportation of Mohammad Rustum Mir, a 72-year-old Kashmiri man. This ruling came after Mir, who had traveled to Pakistan in 1986 with valid documents, lost his passport and other travel documents while in Pakistan. Despite a previous favorable court order in 1988, the authorities attempted to deport him, leading to the filing of another writ petition. The case remains under consideration, with further hearings scheduled for February 25, 2025.
Background of the Case:
- Petitioner: Mohammad Rustum Mir, a resident of Kashmir, traveled to Pakistan in 1986 via the Wagah borderwith valid travel documents.
- Purpose of Visit: Mir went to meet his sister and brother-in-law, who had migrated to Pakistan in 1965 and currently reside in Rawalpindi, Pakistan.
- Loss of Documents: During his stay in Pakistan, Mir lost his passport and other essential documents.
- Return to India: To return to Kashmir, Mir managed to obtain a new Pakistani visa but faced harassment upon his arrival back in India.
Legal Proceedings and Court Order of 1988:
- 1988 Legal Action: In response to harassment by authorities, Mir filed a writ petition in 1988, resulting in a favorable court order. The order specifically directed the government not to compel Mir to leave India.
- Continuing Settlement: Since the 1988 order, Mir has continued to live a peaceful life with his family in his native village in Kashmir.
Recent Developments and Court’s Stay:
- Deportation Threat: Despite the earlier 1988 order, Mir was recently informed that he and his family were to be deported from India.
- Family Situation: Mir has five children, who are currently attending school in Kashmir. His counsel argued that deportation would disrupt the education of his children and cause undue hardship to the elderly petitioner.
- Court’s Ruling: On December 13, 2024, Justice MA Chowdhary passed an order stating, “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.”
- Next Hearing: The matter has been scheduled for further hearing on February 25, 2025.
Court's Reasoning:
- SSP’s Communication: The Senior Superintendent of Police (SSP) Handwara sent a communication confirming that Mir, then known as Mohammad Yousuf, had traveled to Pakistan on valid documents in 1986.
- Mir’s Longstanding Residency: The court acknowledged that Mir and his family had lived peacefully in Kashmir for decades following the 1988 court order, and deporting them at this stage would cause significant distress.
Case Title: Mr. Saleem Gul, Advocate. VS. UNION TERRITORY OF J & K & ORS.
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