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| DB stays writ Court order to Repatriate 63-Year-Old Woman Deported to Pakistan | | | Early Times Report
JAMMU, July 2: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice Arun Palli and Justice Rajnesh Oswal stayed the order of Writ Court whereby writ Court had directed the Union Ministry of Home Affairs (MHA) to repatriate a 63-year-old Pakistani-origin woman, who was deported following the Pahalgam attack. This direction has been passed in a LPA filed by Union of India Through Secretary, Ministry of Home Affairs challenging the order of Writ Court dated June 6, 2025 whereby Writ Court had directed to repatriate a 63-year-old Pakistani-origin woman, who was deported following the Pahalgam attack. The Ministry of Home Affairs is aggrieved of the impugned order and challenges the same on the following amongst other grounds, which are enumerated herein below and are taken without the prejudice to each other because the impugned order proceeds on an erroneous assumption that her marriage to an Indian citizen entitles her to claim a right to reside in India or to have her deportation reopen. It is well settled law that a foreign national does not acquire Indian nationality or legal residency rights solely by virtue of marriage. A foreigner does not possess a fundamental right to reside in India and their entry and stay are subject to regulatory control of the State under Foreigners Act 1946. Because it is a trite law that a foreign nationals do not enjoy rights guaranteed under Article 19. The only fundamental right available to a foreigner is under Article 21 of Constitution of India which does not confer any right to remain in India once a visa expires or gets revoked. Division Bench after hearing Tushar Mehta Solicitor General of India with Vishal Sharma DSGI for appellant issued notice to respondent. Sr Adv Surinder Kou appeared for the Rakshanda Rashid seeks short accommodation for arguing the matter finally. Division Bench Comprising Chief Justice Arun Palli and Justice Rajnesh Oswal after hearing Tushar Mehta Solicitor General of India with Vishal Sharma DSGI for appellant whereas Sr. Adv Surinder Kour appeared for the respondent, fixed 10th of July, 2025 and ordered that impugned order dated June 6, 2025 shall remain stayed. —JNF |
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