NEW DELHI: The Supreme Court on Friday, by an interim order, protected a Srinagar-based family facing the prospects of deportation to Pakistan, directing the authorities not to take any coercive action against them until verification of their claim of being Indian citizens is completed.
Protecting the family from being deported to Pakistan, a bench of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh directed the concerned authorities to verify the documents furnished by the family, including Aadhaar cards, voter ID, PAN cards, and other government-issued documents, and take an appropriate decision at the earliest.
“Besides the human element, there are issues which need to be verified... Since factual plea need verification, we dispose of the same without expressing anything on merits, with a direction to authorities to verify these documents and any other fact that may be brought to their notice. Let a decision be taken earliest. We are not setting a timeline,” the bench said in its order.
The court clarified that till such decision is taken, no coercive action, including deportation, shall be taken against the petitioners.
It further observed that if the authorities ultimately decide against the petitioners, they would be at liberty to approach the Jammu and Kashmir High Court for redressal.
“If the petitioner is dissatisfied with the final decision, a plea may be made before the Jammu and Kashmir High Court,” the bench said, while also emphasising that the present order should not be treated as a precedent, as it has been passed in the peculiar facts and circumstances of the case.
“This order shall not be treated as a precedent as it is in peculiar facts and circumstances of this case,” the court said in its order disposing of the petition.
Appearing for the petitioner family faced with the prospects of deportation, advocate Nanda Kishore told the bench that the family comprised a married couple and their four children, all Indian nationals with valid identity documents issued by the Indian government.
Advocate Nanda Kishore further stated that while one family member had roots in Pakistan, he had long ago surrendered his Pakistani passport and had since acquired Indian identification documents, including a valid Indian passport.
The Court was told that hundreds of Kashmiris are being harassed and the petitioner family is not alone as hundreds arrested on the suspicion of links with the terrorists and the authorities are not concerned about the human rights violation.
Focusing on the human dimension of the matter, advocate Kishore informed the bench that one of the petitioners was working in Bangalore while the rest resided in Srinagar.
In the course of the hearing, the Solicitor General Tushar Mehta, representing the central government, told the bench that it would be more appropriate for the petitioner family to approach the concerned government authorities for redressal of their grievance.
The matter arose in the backdrop of the Pahalgam terror attack of April 22, after which tensions escalated between India and Pakistan, leading to the suspension of visa services to Pakistani nationals and a directive requiring Pakistani citizens to leave India by April 27.
Despite claims of Indian nationality backed with documentary evidence, the petitioners alleged that they were arrested and faced deportation merely on account of their familial background.
Protecting the family from being deported and directing them to approach the concerned authorities for the verification of their claim of being Indian nationals, the bench observed that there were several disputed factual issues which the Supreme Court could not adjudicate upon and suggested that the appropriate forum for deeper factual verification would be the High Court.
Disposing off the petitions, the court directed the central government not to take any coercive steps against the family until an appropriate decision is taken after verifying its claims.
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