Srinagar: In a significant relief for a 72-year-old Kashmiri man facing deportation, the Jammu & Kashmir and Ladakh High Court has stayed the government’s attempt to expel Mohammad Rustum Mir from India. The order was passed by Justice MA Chowdhary on December 13 in the case Mohammad Rustum Mir v/s Union Territory of J&K and Ors, ensuring that Mir cannot be forced to leave until further notice.
“Subject to objections from the other side and till the next date of hearing before the Bench, it is ordered that the petitioner shall not be deported until further orders,” the Court stated, scheduling the next hearing for February 25.
The case revolves around Mir, a native of Kashmir, who traveled to Pakistan legally in 1986 via the Wagah border to visit his sister and brother-in-law, who had migrated there in 1965. Unfortunately, during his stay, he lost his passport and travel documents, leaving him stranded in an unfamiliar land. Determined to return home, he managed to secure a fresh Pakistani visa and made his way back to Kashmir.
Despite his valid travel history, Mir reportedly faced persistent harassment from authorities upon his return. In response, he filed a writ petition in 1988, which led to a court order dated June 9, 1988, explicitly directing the government not to force him out of the country.
For decades, Mir lived peacefully in his native village, raising a family of five children who are currently pursuing their education. However, despite the earlier court ruling, the authorities recently resumed efforts to deport him, causing immense distress to him and his family.
Mir’s legal counsel argued that uprooting him at this stage would not only violate the 1988 court directive but also severely impact his children’s education and impose undue hardship on a man who has spent the majority of his life in Kashmir.
Recognizing these concerns, the Court intervened, offering Mir temporary relief by restraining the authorities from carrying out the deportation. Advocate Saleem Gul represented Mir, while Advocate Furqan Sofi appeared for the State.
The case is now set for further hearing on February 25, giving the elderly petitioner a crucial reprieve as he fights to remain in the place he has called home for decades.
