A family of 6 people being deported to Pakistan from Jammu and Kashmir has got interim relief. The Supreme Court has asked the government to confirm their papers. The court has said that punitive action should not be taken against them until this happens. The family claimed that it had documents like Indian Aadhaar, PAN and passport.
A bench of Supreme Court Justice Surya Kant and Justice N. Kotishwar Singh has made it clear that the order is only for this case. It should not be seen as Nazir for other cases. The judges questioned how this family, which has been living in India on the basis of Pakistani passport, has been living here for more than 25 years.
In the petition of Ahmed Tariq Butik Butk, who is working in Bengaluru, it was said that he and the remaining 5 members of his family got a notice to go to Pakistan from Foreign Registration Office in Srinagar. On April 29, 5 people were arrested. Now he has been taken to the India-Pakistan border. From there, he will be sent to Pakistan at any time.
Ahmed Tariq Butt had described the arrest of his father Mashkur Butt, mother Nusrat Butt, elder sister Ayesha Tariq Butik, younger brother Abubakar Butt and other younger brother Omar Butt. It was said in the petition that in 1997, Mashkur Butt came to India from Mirpur in Pakistan Occupied Kashmir. In the year 2000, the rest of the family members also came to India. Since then, those people have been living in Srinagar.
The petitioner had said that he, his sister and brothers studied in a school in Srinagar. He took an MBA degree from IIM Kerala and worked in Bangalore. He still lives in Bengaluru. Apart from documents like Aadhaar card and PAN card, his family members also have Indian passports. In this way, it is wrong to suddenly send them to Pakistan by calling them non-Indian.
The Supreme Court told the petitioner that he should have gone to the Jammu and Kashmir High Court. The documents are to be confirmed in Srinagar itself. Other such people are also filing a petition in the High Court itself. The Supreme Court made it clear that it is settling the petition. If the petitioner has any problem with the government order issued after examining the documents, then he should go to the High Court.
The petitioner had demanded cancellation of the notice sent to his family and to declare the arrest illegal. During the hearing, the Solicitor General present in the court said that the matter is to stay in India even after the visa period. The petitioner claimed that his family surrendered his Pakistani passport in India. Now those people are legitimate Indian citizens.
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