KHALIL QAZI Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) Before we proceed ahead to consider this appeal, it is apt to mention here that the appellant No.3 was not the petitioner in the writ petition preferred by other appellants, as such, this appeal is being considered only on behalf of appellants No.1 and 2 and the expression "appellants" shall henceforth refer only to appellant No.1 and 2.

(2.) Shorn of piffling details, the case projected by the appellants is that they entered the territory of India on the strength of a passport issued by the authorities of Pakistan, in the month of July, 1988 on fourteen days short period visa Nos.JK-277/88 and JK-278/88 dtd. 14/7/1988, valid upto 3/8/1988. The appellants were also issued the Residential Permits under No.RP223/88 and RP224/88 dtd. 27/7/1988. The appellants, thereafter, were granted three extensions of thirty days each, which period came to expire on 2/11/1988. The appellants claim to have approached the respondent No.1 through the medium of representation dtd. 18/6/1989 for grant of Indian citizenship. It is also contended that the respondent No.1 referred the matter for grant of Indian citizenship to respondent No.2. While the said representation was pending consideration, an order of deportation of the appellants came to be issued by the respondents. Being aggrieved of the action of the respondents to deport the appellants, the appellants filed a writ petition bearing OWP No.114/1990, wherein they prayed for the following reliefs:

(3.) It was stated by the appellants that the appellants continue to hold the status of citizens of India and the permanent residents of erstwhile State of J&K, especially when they were forced to acquire the citizenship of Pakistan and the uncle of appellant No.1 and also the parents of the appellant No.2 are holding the properties in the State of J&K. It was further contended by the appellants that respondents were bound to consider their representations for grant of Indian citizenship before their deportation.