Srinagar, April 30, KDC: The High Court of Jammu & Kashmir and Ladakh at Jammu has restrained authorities from forcing a family residing in district Poonch to leave the Union Territory of Jammu & Kashmir, amid claims of them being Pakistani citizens.
Observing that the petitioners have established prima facie evidence of long-standing residence and lawful presence in the Union Territory, a single bench of Justice Rahul Bharti, according to the Srinagar-based news gathering agency Kashmir Dot Com, halted their ‘forced ouster’, stating they are not to be treated as intruders.
A writ petition was filed by Iftkhar Ali and others, residents of village Salwah, tehsil Mendhar, district Poonch.
The petitioners, represented by Advocate Mohd. Latif Malik, challenged their alleged detention and potential deportation on the grounds that they are being falsely labelled as Pakistani nationals. They asserted long-standing residency in J&K and submitted various documents in support of their Indian identity.
“The petitioners have come to be confronted with a situation bearing the prospect of going to be forced out of UT of J&K and India on the pretext of being Pakistani citizens,” the court noted, adding that this claim is “being seriously contested by the petitioners.”
Among the evidence presented, the petitioners highlighted their revenue records dating back to 2014, 2019, and 2021, which showed their family’s cultivating possession of land in mauza Salwah, Poonch.
“The revenue documents… are taken on record… to prima facie establish that the petitioners are bona fide residents of J&K belonging to district Poonch,” the court observed.
Additionally, petitioner Iftkhar Ali was stated to be a serving constable in the Indian Reserve Police (IRP), with service records confirming his employment. “Petitioner No. 1 – Iftkhar Ali – is a Police Constable with Belt No. 697/R (now 589/KTR)… subjected to disciplinary proceedings by the Zonal Police Headquarters, Jammu,” the court recorded.
The petitioners also drew attention to historical legal efforts by their late father, Faqur Din, who had previously approached the High Court in 1993 seeking Indian citizenship. They stressed that their presence in India has been longstanding and lawful. “They are in India long back and that too not by stealth,” the order stated.
While acknowledging the petitioners’ ties to the region, Justice Bharti remarked: “Prima facie case is made out.” The court thus issued notices to the respondents and ordered them to file replies within two weeks.
Importantly, the court directed: “Meanwhile, petitioners be not asked or forced to leave UT of Jammu & Kashmir. This direction is, however, subject to objections from the other side.”
The Deputy Commissioner, Poonch (Respondent No. 3), has also been directed to file an affidavit detailing the petitioners’ property holdings, either in their own name or through their father, in the specified region.
The matter has been listed for further hearing on May 20, 2025. (KDC)
