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Do not deport 83-yr-old Pak national: HC
11/2/2010 10:56:52 PM
EARLY TIMES REPORT
Jammu, Nov 2: The high court today directed the state not to deport 83-year-old Pak national who had migrated to Pakistan in 1947. The petitioner, Hashmat Ali, a resident of village Pekhri, Samba district came here on LoC entry permit issued by the Pakistan authorities.
Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing after hearing Advocate Surinder Kour and ML Malik appeared for the petitioner issued notice to Union of India through Secretary Ministry of External Affairs, State of J&K through Chief Secretary, Commissioner/ Secretary J&K Home Dept, DGP J&K, DIG Jammu, Deputy Commissioner Samba, SSP Samba and SHO P/S Vijay Pur District Samba returnable within four weeks and ordered that respondents are directed not to deport the petitioner.
In the petition it has been submitted that petitioner was born at village Pekhri Tehsil & District Samba prior to 1947 and at present the age of petitioner is about 83 years. The father of the petitioner Choudhary Ali alias Mali was the owner of Bunch of land falling in Patwar Halqa Pekhri Tehsil Samba. The petitioner solemnized marriage with Mariam Bibi prior to 1947 and out of that wedlock two children were born, one male and one female, Mariam along with children residing in village Pakri whereas all other relatives are also residing in the same village. The petitioner migrated to Pakistan in the year 1947 during partition but the family of the petitioner and father was residing in village Pekhri which is clear from the revenue record. Now the petitioner came to India to his native place on permit basis. The Pak Govt has issued LOC entry permit in favour of the petitioner for his visiting to his native village and seeking direction that the petitioner is an old age person and because of the reasons the petitioner suffering from various ailments, it is difficult for the petitioner to look after him in Pakistan and seeking stay in the native village. JNF
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