RAJ MOHAMMAD HUSSAIN KHAN Vs. STATE

JUDGEMENT

(1.) Petitioner Raja Mohammad Hussain Khan, was resident of State of Jammu and Kashmir and thus a permanent resident of the State. He migrated to Muzaffarabad in the year 1984 and stayed there with his relations. He secured a Pakistani passport on 27-9-1999 and applied for Visa to Indian High Commission at Islamabad for visit to India. His application was allowed and he was granted Visa under No. P233185 by the Indian High Commission for visit to Srinagar from 29-8-2001 to28-11-2001 (60 days). He entered India through Amritsar border on 21st September 2001 and since then is staying with his children at Baghat Barzulla, Srinagar. Before the expiry of the period of his visit under the Visa granted to him, he applied for extension of his stay for three months on medical grounds. He submitted his application on 11-11-2001.

(2.) The petitioner has approached this Court through the present petition claiming himself to be a permanent resident of the State and a citizen of India, being originally resident of Srinagar. He has submitted that he is suffering from "unstable Angina" and is under treatment of doctors who have advised him to take complete bed rest for 16 weeks. He claims that he has a right to stay with his children as he is a State Subject and has served as a public servant in the Jammu and Kashmir Government and retired from service in 1965. He being 92 years of age, wants to spend rest of his life in Srinagar, where he has spent most precious years of his life and where his children are living. It is also stated that he applied for extension of Visa for 3 months on medical grounds and his application has not been considered. He has accordingly sought the following reliefs :

(3.) Objections have been filed by respondents 1, 3 and 4, where under right of the petitioner to stay back in India has been seriously contested. It is stated that the petitioner has opted for citizenship of Pakistan. He travelled on a Pakistani Passport and under the Visa granted by the Indian High Commission for a specific period. After the expiry of the period for which he was allowed to stay in India, he has no right to continue his stay and liable to be deported to Pakistan. It is further stated that he applied for extension of Visa for a period of 3 months and the period for which extension was claimed expired on 20-2-2002 and during this period, he was never asked to leave, but after the expiry of period, for which extension was sought, he is supposed to leave the country particularly when the petitioner did not apply for further extension and is presently over-staying illegally and in violation of term and conditions of the Visa and Foreign Registration Rules. Action under law is required to be taken against him.