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JK high court restrains deportation of Pak national

November 03, 2010 16:55 IST

The Jammu and Kashmir high court has restrained the authorities from deporting an aged Pakistani national, who came to his native Pekhri village in Samba district recently on a cross Line of Control permit issued by the Pakistan government, till further orders.

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 Pekhri in Samba prior to 1947 and the father of the petitioner Choudhary Ali alias Mali used to be the owner of huge plots in Patwar Halqa Pekhri of Samba tehsil.

The petitioner solemnised his marriage with Mariam Bibi prior to 1947 and had two children. While
Ali migrated to Pakistan in 1947, his wife along with the children and other relatives, continues to stay in 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. It is difficult for him to look after himself in Pakistan, they said. They urged the court to issue directions to the concerned authorities against deporting Ali.

After hearing the petition, Justice Mir issued notices to the Union of India through the secretary of ministry of external
affairs, the state of Jammu and Kashmir through the chief secretary, commissioner/secretary of J&K home department, J&K's director general of police, Jammu's deputy inspector general, deputy commissioner of Samba, senior superintendent of police of Samba and station house officer of Vijaypur of Samba district

Justice Mir also ordered that the respondents should not deport the petitioner till further orders.

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