Safiya Malik

The High Court of Jammu & Kashmir and Ladakh has issued an interim order staying the deportation of a 72-year-old Kashmiri man who is stated to have traveled to Pakistan in 1986 with valid documents but later lost his passport there. The court directed that the petitioner shall not be deported until further orders. The matter is scheduled for the next hearing on February 25, 2025.

The case involves a petition filed by Mohammad Rustum Mir against the Union Territory of Jammu & Kashmir and others. Mir, who was then known as Mohammad Yousuf, traveled to Pakistan via the Wagah Border in 1986 on valid documents to meet his sister, Sajida Begum, and brother-in-law, Ab. Gaffar Shah. The two had migrated to Pakistan in 1965 and currently reside in Rawalpindi, Pakistan.

The petitioner is represented by Advocate Mr. Saleem Gul, while the respondents are represented by Government Advocate Mr. Furqan Sofi. During the proceedings, counsel for the respondents sought an adjournment to file a reply/objections to the petition. Simultaneously, the petitioner’s counsel sought time to submit documents proving that Mir traveled as an Indian citizen.

A communication from the Senior Superintendent of Police (SSP), P.D. Handwara, dated December 23, 2024, confirmed that Mir had traveled to Pakistan with valid documents. According to the petition, Mir lost his passport and other travel documents while in Pakistan. To return to Kashmir, he obtained a fresh Pakistani visa. However, upon his return, he allegedly faced harassment by authorities.

In response, Mir filed a writ petition before the High Court in 1988, which resulted in a favorable order dated June 9, 1988. That order specifically directed the government not to compel Mir to leave India. Despite this, Mir has now alleged that authorities are pressuring him to leave the country along with his family.

According to the plea, Mir has five children who are currently studying in their native village in Kashmir. It was submitted that forcing the family to leave would disrupt the children’s education and cause undue hardship to the petitioner. “The petitioner and his family have lived a peaceful life in their native village for decades since the 1988 court order. However, recent actions by the authorities have caused immense distress,” the plea stated.

The court recorded the submissions made by both parties and acknowledged the communication from the SSP, which verified the petitioner’s travel history.

Justice MA Chowdhary, in the order passed on December 23, 2024, stated: "On mention taken up. Mr. Furqan Sofi, GA, while appearing for the respondents seeks adjournment to file reply/objections to the petition. Learned counsel for the petitioner also seeks short adjournment to place on record any document indicating that he had travelled to Pakistan as an Indian citizen in the year 1986."

The court noted that the 1988 order had provided relief to Mir and that he had been residing in Kashmir for several decades without disruption. Given the submissions, the court found it appropriate to grant interim relief.

The court, in its interim order, directed:

"In the meanwhile, subject to objections from the other side and till next date of hearing before the Bench, it is ordered that the petitioner shall not be deported until further orders."

The matter has now been listed for further hearing on February 25, 2025.

Case Title: Mohammad Rustum Mir v. Union Territory of J & K & Ors.
Case Number: WP(C) 2946/2024 CM(8030/2024)
Bench: Justice Mohammed Akram Chowdhary

[Read/Download order]