New Delhi: A man hailing from Mirpur in Pakistan-occupied Kashmir (PoK) moved to Srinagar on a Pakistani passport in 1997 and brought along his family of five three years later. On Friday, Supreme Court, acting on a petition moved by the man's eldest son who works in Bengaluru, saved them from getting deported to Pakistan, albeit with the rider that the restraint ordered in this case would not be used as a precedent by courts.
"How did you come to India from Mirpur?" was the first question a bench of Justices Surya Kant and N Kotiswar Singh put to petitioner Ahmed Tariq Butt, who narrated that his father Tariq Mushkoor Butt, mother Nusrat Butt, sister Aisha Tariq and brothers Abubakar Tariq Butt and Umar Tariq Butt were residents of Mirpur in PoK till 1997. After they moved to J&K, all members of the family had acquired Indian passports and Aadhaar cards.
SC stops coercive steps against J&K family till scrutiny is completed
Members of the family came to J&K in 2000 and the children got enrolled in a private school in Srinagar and “have developed deep-rooted social, familial and economic relationship with India”, the petitioner said and termed as arbitrary the deportation order issued to them on April 29 as part of the decision to extern Pakistanis in the aftermath of killing of tourists in Pahalgam.
Butt’s counsel Nanda Kishore told the bench that the entire family, barring two Bengaluru-based sons, one of whom is the petitioner, were arrested and taken to the Attari-Wagah border for deportation. While asking the petitioner to move the authorities concerned, the court told govt not to take any coercive step till the scrutiny was completed. If the grievance persisted after verification, he could approach J&K HC, the bench told the petitioner. At the request of solicitor general Tushar Mehta, the bench said this “no coercive step” order would not be treated as a precedent by courts.
The petitioner’s father, born in Muzaffarabad in 1952, was a journalist, and after moving to Srinagar in 1997, continued with his profession and acquired properties in the city. His wife worked as a teacher in Tahira Khanam College and retired as principal. The petitioner’s sister also worked as teacher till 2024.
"How did you come to India from Mirpur?" was the first question a bench of Justices Surya Kant and N Kotiswar Singh put to petitioner Ahmed Tariq Butt, who narrated that his father Tariq Mushkoor Butt, mother Nusrat Butt, sister Aisha Tariq and brothers Abubakar Tariq Butt and Umar Tariq Butt were residents of Mirpur in PoK till 1997. After they moved to J&K, all members of the family had acquired Indian passports and Aadhaar cards.
SC stops coercive steps against J&K family till scrutiny is completed
Members of the family came to J&K in 2000 and the children got enrolled in a private school in Srinagar and “have developed deep-rooted social, familial and economic relationship with India”, the petitioner said and termed as arbitrary the deportation order issued to them on April 29 as part of the decision to extern Pakistanis in the aftermath of killing of tourists in Pahalgam.
Butt’s counsel Nanda Kishore told the bench that the entire family, barring two Bengaluru-based sons, one of whom is the petitioner, were arrested and taken to the Attari-Wagah border for deportation. While asking the petitioner to move the authorities concerned, the court told govt not to take any coercive step till the scrutiny was completed. If the grievance persisted after verification, he could approach J&K HC, the bench told the petitioner. At the request of solicitor general Tushar Mehta, the bench said this “no coercive step” order would not be treated as a precedent by courts.
The petitioner’s father, born in Muzaffarabad in 1952, was a journalist, and after moving to Srinagar in 1997, continued with his profession and acquired properties in the city. His wife worked as a teacher in Tahira Khanam College and retired as principal. The petitioner’s sister also worked as teacher till 2024.
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