In a significant development, the Jammu & Kashmir and Ladakh High Court has put a temporary hold on the deportation of a former constable of the J&K Police, observing that revenue records submitted in court establish a prima facie case of their bona fide residence in Poonch district of Jammu & Kashmir.

A bench of Justice Rahul Bharti was hearing the petition challenging the government’s deportation notices issued to him and his family. The petitioner argued that he has been living in the Poonch district for years and have also served in the J&K Police for over 26 years.

The petitioners produced revenue documents showing ownership of land in Salwah village, located near the Line of Control (LoC) which clearly indicated that the family’s long-standing residence in the region.

The petitioner submitted that the deportation order was both unjust and unconstitutional. He pointed out that he has remained in India, has local roots, and is part of the community.

The High Court taking note of the petitioner’s submission, directed Deputy Commissioner to come forward with furnishing of an affidavit with respect to the status of property holding if any by the petitioners in their own name

The court also directed that in the meanwhile, the petitioner as well as his family members should not be deported until the matter is heard in full.

The police had summoned the petitioner and his family members which includes his brothers and sisters to the local station and transported them to Attari for the purpose of deporting them, claiming they were Pakistani nationals.

The the petioner’s father had originally hailed from Salwah but was forced to move to Pakistan-occupied Kashmir (PoK) during the 1965 war.

The family had returned to India in the 1980s and were issued requisite documents including passports and domicile certificates by the Poonch administration.