Jammu: The Supreme Court on Friday directed the government authorities to verify the citizenship documents of a Srinagar-based family of six, who are allegedly being detained for their deportation to Pakistan.
A bench of Justices Surya Kant and N Kotiswar Singh however, ordered the government authorities to not take any coercive action against the family, until an appropriate decision is taken by the authorities, in this regard.
The bench also granted liberty to the petitioner’s family to approach the High Court of Jammu, Kashmir and Ladakh, in case they are dissatisfied with the government’s decision over the validity of their citizenship.
The Court also clarified that its decision is based on the peculiar facts of this particular case and thus it shall not be treated as a precedent to be followed in other similar cases, after the Solicitor General of India (SGI) Tushar Mehta, who appeared for the Centre, requested for the same.
The Court was hearing the plea of a Bangalore-based man who sought a stay on the deportation of him and his five family members to Pakistan, who all claim to be Indian nationals holding Indian passports and Aadhar cards.
As per their plea, two of the family members — the sons- are currently residing in Bangalore, while the other four are based in Srinagar.
During the hearing, the Court inquired the petitioner family, who claimed that they were originally from Mirpur (Pakistan Occupied Kashmir), as to how had they migrated to India, in 1987.
“He (father of the petitioner) was born in Mirpur in Pakistan, so how did he come to India? How did he come, that’s the question? These are the basic things you should have mentioned in the petition”, Justice Surya Kant remarked, taking a dim view of the averments made in the plea.
The counsel representing the petitioner’s family vehemently argued that the family has been ordered for deportation by the government authorities without any inquiry over the revocation of their Indian passports.
At this juncture the Court asked the counsel why his clients have not approached the High Court of Jammu, Kashmir and Ladakh.
“Why have you not gone to the High Court? The only authority to certify this is located in Srinagar. Other similar persons are going to the High Court. Some of the others (persons facing similar situations) are able to get relief there, the High Court”, the bench stated.
SG Mehta, representing the government, argued that the family has overstayed in India beyond their visa period.
“Once you overstay beyond the visa issued to you by the government, you’re not a citizen”, the SGI stated.
After hearing the submissions, the Court noted that the government of India has ordered Pakistani nationals to leave the country and has set a timeline for the same.
“Pursuant to the government order dated April 25, 2025, visas granted to Pakistani nationals have been revoked, except of those who are duly protected. Timeline has been prescribed for deportation of those Pakistani nationals who are not entitled to retain a visa for their purpose of stay…” the Court stated in its order.
The government’s decision to deport Pakistanis had come after the April 22 terrorist attack in Pahalgam, (J&K) where 26 tourists were killed.
The Court proceeded to dispose of the plea after directing the government authorities to verify the citizenship documents of the petitioner’s family and take an appropriate decision. Until then, no coercive action shall be taken against the family, the Court added.
It further clarified that this order shall not be treated as a precedent to be followed in all such similar cases, as it is based on the peculiar facts of this particular case.
