The Ministry of the Interior of the Union stated: “Courts must maintain the institutional boundaries necessary for effective administration.” File | Photo Credit: Hind
The dismissal of the Ministry of the Interior (MHA) against the Order of the High Court for Jammu and Kashmir to repatriate 62 -year -old housewives, who was deported to Pakistan after the terrorist attack of Pahalgam, that “judiciary should not suppress” the executive decision to deport a foreign national.
He said that the High Court’s order was constitutionally inadmissible and unsustainable because he managed the enforcement of the judicial file behind the sovereign territory of India to Pakistan, where it was deported and was therefore ultra vires.
The ministry also stated that the direction of the court was “legally unlocked and diplomatically unsustainable”.
“There is no publication agreement, a legal instrument, or an international commitment to bind Pakistan to return it to India. The Indian government cannot induce a sovereign nation under the current international right to give up the citizen,” Mha said.
The domestic ministry said that “courts must maintain the institutional boundaries necessary for effective administration” and regulations if the state could be created, would create a dangerous precedent.
Stay 38 years old
MHA filed a patent appeal of letters (LPA) in front of the divisional bench of the High Court against the order from 6 June by Judge Rahul Bharti, who ordered the Minister of the Interior of the Union to bring the petitioner Rakshand Rashid in 10 days. Mrs. Rashid married the Indian and stayed in Jammu for 38 years on a long -term visa (LTV), which was extended annually, although her citizenship request has been waiting with MHA since 1996. April 29 at the time of deportation, MHA said. Mrs. Rashid said in her petition that she had asked LTV in January and the application was never rejected. After April 22, the Pahalgam Terrorist attack, where 26 people were killed, MHA canceled the visas of all Pakistani citizens and asked them to leave the country by April 29. The order liberated those with LTV or Pakistani women married to Indian citizens.
The ministry said that, when passing the order of the free judge, “he did not appreciate the circumstances and considerations of national security and adequate concerns that Pakistani nationals stay in India because of the war situation between India and Pakistan”. He added that the order is “contrary to the principles of court restrictions on matters concerning national security and international relations, especially in negotiations with a national of an enemy country”.
He said that the order was “based on the assumption that marriage to an Indian citizen entitles her to claim the right to stay in India or to reopen deportation”.
‘Is subject to checking’
“It is well settled that a foreign national does not receive Indian nationality or right to legal residence only on the basis of marriage. The foreigner has no fundamental right to stay in India and their entry and residence is the subject of regulatory control of the state according to aliens of 1946. India, as soon as the visa expires or is canceled, ”MHA said.
The ministry said that the order would set a dangerous precedent and “foreign nationals may be cited to trigger Article 226 for personal repatriation” and the result “threatens the integrity of the constitutional department and promotion of immigration”.
The judiciary ordered the repatriation of a foreigner from another sovereign country, interfering with the Executive Director of the Union, whose function under Article 73 includes decisions on foreign relations, immigration policy and national security, the Ministry of the Interior said.
Published – 1 July 2025 23:57
