Background of the Case
The Supreme Court of India has directed government authorities to verify the citizenship documents of a six-member family residing in Srinagar, Jammu & Kashmir, who are reportedly facing deportation to Pakistan. The Court has issued a protective order, instructing the authorities to take no coercive action against the family until a final decision is reached based on the verification process.
Bench Composition and Order Details
The case was heard by a bench comprising Justices Surya Kant and N Kotiswar Singh. During the proceedings, the bench emphasized that no adverse steps should be taken against the family until the competent authority reviews their documentation and makes a formal decision on their citizenship status.
Liberty to Approach High Court
The bench granted the family liberty to approach the High Court of Jammu, Kashmir, and Ladakh in case they are dissatisfied with the decision made by the government after the verification process. This ensures that the petitioners have a legal recourse available beyond the current proceedings.
Clarification Regarding Legal Precedent
In response to a request made by Solicitor General Tushar Mehta, who appeared on behalf of the Centre, the Court explicitly stated that its ruling is based on the specific facts of this case and shall not be treated as a precedent in similar matters.
Petitioner’s Argument
The case stemmed from a plea filed by a Bangalore-based man seeking a stay on the deportation order issued against him and his five family members. The petitioner claimed that all six individuals are Indian nationals who possess Indian passports and Aadhar cards. According to the plea, two family members are currently based in Bangalore, while the remaining four reside in Srinagar.
Court’s Observations on Migration History
During the hearing, Justice Surya Kant questioned the petitioner’s legal counsel about the family's migration history, particularly focusing on how the father, reportedly born in Mirpur (Pakistan-Occupied Kashmir), came to India in 1987. The Court remarked that such fundamental details should have been clearly stated in the petition.
Government's Stand on Visa Overstay
Solicitor General Mehta argued that the family had overstayed their visa, and under Indian law, anyone who does so cannot claim citizenship status. He maintained that the government’s actions were in line with prevailing legal standards regarding foreign nationals exceeding their permitted stay duration.
Relevance of High Court Jurisdiction
The Court also questioned why the petitioners had not approached the High Court of Jammu, Kashmir, and Ladakh, which is the appropriate authority to certify citizenship in such cases. The bench noted that other individuals in similar situations had obtained relief through the High Court.
Government Order Following Pahalgam Attack
The Court referenced a recent government order dated April 25, 2025, which mandates the deportation of Pakistani nationals who are not entitled to stay in India. This policy shift came in the wake of a deadly terrorist attack on April 22 in Pahalgam, Jammu & Kashmir, which resulted in the deaths of 26 tourists. The Court observed that the Indian government had revoked visas of Pakistani nationals unless they were covered under special protection.
Final Supreme Court Order
The Supreme Court concluded by disposing of the plea, reiterating that government authorities must verify the citizenship documents and take an appropriate decision. Meanwhile, no coercive steps should be taken against the petitioner's family until the verification process is complete. The Court once again clarified that its directions apply only to this specific case and should not serve as a precedent.
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