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Srinagar: The High Court of J&K and Ladakh has dismissed the petition of an elderly couple facing deportation. The couple comes from a family of permanent residents and landholders of Kashmir but became the citizens of Pakistan after the 1947 partition. The couple -- Mohammad Khalil Qazi and Arifa Qazi -- were born in Srinagar in 1945 and 1962 respectively. They are cousins, and got married in 1986 in Rawalpindi, Pakistan. In 1988, they came back to Kashmir along with their new-born baby on a valid travel document. They have been living here on the basis of extended permits in the Baha-ud-din Sahab quarter of the city. During the partition, Mohammad Khalil Qazi's father Ghulam Mohammad Qazi was doing business in Rawalpindi, (now in Pakistan). As the war broke out in Kashmir between the two newly-born nations in 1948, junior Qazi, then a four-year-old child, was stranded in Pakistan. Neither he nor his family could return to Srinagar, leading to involuntary acquisition of Pakistani nationality due to compelling circumstances beyond their control. Later on, in the divided family of Qazi's on this side of the ceasefire line (now LoC) was born Arifa in April 1962. A "permanent resident" of the State of Jammu & Kashmir like her parents, she in 1986 got an Indian passport and visited Pakistan along with her family to meet the rest of her clan. Being a cousin of Qazi, who was by then 41 years old, she was married off to him in Rawalpindi the same year. Following the marriage, the situation turned hostile for her. She started facing "serious and cruel treatment from her in-laws", in Pakistan. However, Qazi, her husband, remained sympathetic towards her. "The in-laws also allegedly deprived petitioner No. 1 of his business (Qazi), making their life together highly insecure and marked by mental anguish and anxiety," reads the writ petition filed by the couple in J&K High Court in 1990 challenging their deportation to Pakistan. In view of their stated plight in Pakistan and their pre-existing legal status as permanent residents of the then state of Jammu and Kashmir, the couple expressed a desire to continue residing in Srinagar. Their applications for an extended stay were considered, and the Ministry of Home Affairs, Government of India, granted successive extensions for their stay. They also approached the authorities for resumption of an Indian citizenship, relying on their permanent resident status and other equitable considerations. However, during the pendency of their issue an order of deportation was issued by the Government of India against the couple. They approached the court, which stayed their expulsion to Pakistan. Their counsel argued "the respondent authorities have acted illegally, unlawfully, and in blatant disregard of the valuable legal rights of the petitioners to continue holding Indian citizenship, by proceeding to forcibly deport the petitioners from India to Pakistan". Counter affidavit filed by the authorities reads "the petitioners are neither permanent residents nor citizens of India and they have admitted in their writ petition that they have acquired citizenship of Pakistan". It made the basis of Section 9(1) of the Citizenship Act of 1955 to back its point in the case. Justice Sindhu Sharma while adjudicating the matter held that the petitioners have voluntarily acquired the citizenship of another country in terms of Section 9 of the Citizenship Act 1955 and were aware of their status when they entered Kashmir in 1988. Citing certain apex court judgments, Justice Sharma said "the petitioners have acted at their own volition, acquired the citizenship of a foreign country. Their passports and the residential permit issued in their favour are cogent, unequivocal evidence of the fact that the petitioners are not citizens of India and, as such, orders to deport them were valid". They, the judge said, have not placed on record any documentary proof of the fact that they had applied for citizenship in terms of the Citizenship Act or Rules. There is nothing on record to suggest that their request for grant of citizenship of India has been accepted. The couple has been residing in Srinagar since 1988 and during this period they have not placed anything on record to show that they are citizens of this country, said the judge and dismissed their petition against their deportation to Pakistan.
Story so far: India celebrated its 75th year of adoption of its Constitution on Tuesday (November 26, 2024) with President Droupadi Murmu addressing a joint session of parliament. While the Constitution of India hits its diamond jubilee this year, event commemorating is as 'Constitution Day' was started only in 2015. Prior to this, it was called 'National Law Day' -- first initiated by former Supreme Court Bar Association (SCBA) president Laxmi Mall Singhvi in 1979. "The Indian Constitution is a live, progressive document," said Ms. Murmu adding, "I urge all citizens to imbibe the constitutio ...Read More >
Srinagar, Nov 27 (UNI) Jammu and Kashmir's Road Transport Corporation (RTC), a crucial backbone of public transportation, has raised serious concerns over the barring of its buses from entering Srinagar city limits. The move has triggered alarm within the Corporation, with officials cautioning about significant disruptions to public transport services and daily commutes, alongside substantial financial losses for the RTC. The restriction, in effect since November 4 when the maiden session of the Assembly commenced, is causing a daily revenue loss of Rs. 4 lakh to the Corporation. In a lette ...Read More >
New Delhi: The Supreme Court on Tuesday said the Karnataka government and the Centre should resolve the issue in connection with the release of financial assistance from the National Disaster Response Fund (NDRF) to the state for drought management. The matter came up before a bench comprising justices B R Gavai and K V Viswanathan. Attorney General R Venkataramani, appearing for the Centre, requested the bench that he needed some time to file an affidavit in the matter. "You should resolve it," the bench said. During the hearing, the bench queried, how much amount has been released so far? ...Read More >
New Delhi, Dec 11 (SocialNews.XYZ) Congress on Wednesday gave a notice to move a motion for the adjournment of the business of the Lok Sabha to discuss the recent statements made by a sitting judge of the Allahabad High Court. "I hereby give notice of my intention to ask for leave to move a motion for the adjournment of the business of the house for the purpose of discussing a definite matter of urgent importance, namely:- The recent statements made by a sitting judge of the Allahabad High Court..." said K. Suresh, Congress MP and party's Chief Whip in the Lower Hosue. He said in the notice ...Read More >
The 10 MLAs, including seven from the BJP, held the sit-in-protest at Jantar Mantar. (Representational) Reiterating their demand for a Union Territory for tribals in Manipur, 10 MLAs from the Kuki-Zo community held a sit-in protest in New Delhi on Tuesday and submitted a memorandum to Prime Minister Narendra Modi, seeking his intervention to stop the violence in the state, which began in May 2023. The 10 tribal MLAs, including seven from the BJP, held the sit-in-protest at Jantar Mantar and the ...Read More >
The Supreme Court on Tuesday (November 26, 2024), indicated a level of hypocrisy attached to criticism about Electronic Voting Machines (EVM), saying ""EVMs are tampered when you lose and fine if you win". The oral remark was made by Justice Vikram Nath before dismissing a petition filed by evangelist K.A. Paul, who urged for a judicial order to return to paper ballots. Also read:EVM-VVPAT case | Cannot disclose 'source code' of EVMs, will result in misuse: Supreme Court Justice Nath, during the hearing, asked Mr. Paul whether he wanted to turn the court into a political arena. Mr. Paul sa ...Read More >
New Delhi: The Supreme Court on Tuesday directed the Jacobite Syrian Church to hand over the administration of six churches in Kerala to the Malankara Orthodox Syrian Church faction. The matter came up before a bench comprising Justices Surya Kant and Ujjal Bhuyan. The bench said that the members of the Jacobite Syrian Church were in contempt for "wilfully disobeying" the 2017 judgment. The bench directed the Jacobite faction to hand over the administration of three churches each in Ernakulam and Palakkad districts to the Malankara faction. The bench also asked the Jacobite faction to file a ...Read More >
New Delhi [India], December 4 (ANI): The Central Bureau of Investigation (CBI) on Wednesday conducted searches at 10 locations in Delhi and surrounding areas in connection with an on-going investigation of a transnational cyber enabled fraud case involving large-scale financial scams. CBI registered the said case under Sections 403 and 420 of the Indian Penal Code and Section 66D of the Information Technology Act, 2000, based on a written complaint received from the Indian Cyber Crime Coordination Centre (I4C), Ministry of Home Affairs, Government of India. The complaint alleged that unknown ...Read More >
New Delhi, [India], December 11 (ANI): The Supreme Court has expressed concern over the growing tendency to misuse Section 498A of the Indian Penal Code (IPC), which penalises cruelty by husbands and their relatives against married women. While quashing a Section 498A IPC case against a husband and his parents, a bench of Justices BV Nagarathna and N Kotiswar Singh said that the Section became a tool for unleashing personal vendetta against the husband and his family by a wife. Also Read | RBI Will Remain Alert and Agile to Meet Challenges, Says New Governor Sanjay Malhotra (Watch Video). " ...Read More >
The Supreme Court of India has said that mere harassment is not sufficient to hold someone guilty of the offence of abetting suicide, and there must be clear evidence of direct or indirect incitement. Photograph: ANI Photo The observations came from a bench of justices Vikram Nath and P B Varale which delivered its verdict on an appeal challenging a Gujarat high court order which refused to discharge a woman's husband and her two in-laws for allegedly harassing her and driving her to suicide. ...Read More >
New Delhi, Dec 12 (VOICE) The Supreme Court on Thursday ordered that no fresh suits would be registered under the Places of Worship Act in the country, and in the pending cases, no final or effective orders would be passed till further orders of the Apex Court. A Special Bench headed by CJI Sajiv Khanna asked the Union government to file within four weeks its reply to the clutch of petitions challenging the validity of the 1991 Act, which prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947. The Bench, also c ...Read More >
Mumbai: The Bombay High Court has raised concern over terminally ill prisoners languishing in Maharashtra's jails and asked the state govt to consider proper implementation of an advisory on grant of medical bail or to place them in house arrest. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan on Monday said they visited the Yerwada central prison in Pune on Sunday and met with prisoners, particularly women inmates, and inspected the condition there. The bench referred to a ...Read More >
Union Minister of Rural Development and Agriculture & Farmers' Welfare Shri Shivraj Singh Chouhan launched the third edition of Nayi Chetna - Pahal Badlaav Ki, a national campaign against gender-based violence, at Rang Bhawan Auditorium, New Delhi yesterday. Delivering his address, Shri Chouhan stated that the Government has taken a slew of initiatives for women's economic and social development. He stressed that gender-based violence is not an issue that persists in rural areas, but in urban areas as well. He said with the presence of Union Minister of Women and Child Development Smt. Annpurn ...Read More >
ISKCON Kolkata has reported ongoing attacks on their monks in Bangladesh to the Indian government, urging intervention. The recent arrest of monk Chinmoy Krishna Das highlights increasing threats against Hindu religious orders, urging the intervention of both Indian authorities and the United Nations for minority protection. ISKCON Kolkata has reported ongoing attacks on their monks and members in Bangladesh to the Indian government, seeking immediate intervention. The recent arrest of ISKCON monk Chinmoy Krishna Das underscores the persistent threats faced by Hindu religious orders, includin ...Read More >
Karachi-born Shane Sabastian Pereira entered India to live in his ancestral village in Goa just four months after his birth, but it has taken him 43 years to obtain Indian citizenship. IMAGE: Goa Chief Minister Pramod Sawant hands over the Indian citizenship certificate to the Karachi-born Shane Sabastian Pereira. Photograph: @DrPramodPSawant/X Goa Chief Minister Pramod Sawant on Tuesday handed over the Indian citizenship certificate to the Pakistan-born Christian man under the Citizenship (Ame ...Read More >
The Supreme Court halted new temple-mosque legal battles. The court will review the 1991 law impacting religious site status. This law froze the status of religious sites as of August 15, 1947. Several cases, including Gyanvapi and Shahi Idgah, challenge this law. The law's validity is being questioned. The court's decision impacts ongoing and future disputes.In its ruling on the keenly-watched Place of Worship Act case, the Supreme Court said on December 12 that no new Mandir-Masjid suits are to ...Read More >
Bhubaneswar: Assam Chief Minister Himanta Biswa Sarma has emphasized the need for a nationwide document, similar to the National Register of Citizens (NRC), to distinguish between Indian citizens and infiltrators. Speaking to reporters after offering prayers at Shree Jagannath Temple in Puri, Biswa Sarma stated that the Assam government has decided to make NRC registration mandatory for obtaining an Aadhaar card, with applicants' names not featured in the NRC being ineligible for the card. "I desire that NRC-type documents should be prepared so that we can easily differentiate who are Indian ...Read More >
New Delhi, December 15: The 'One Nation, One Election' Bill, officially known as the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, will not be tabled in the Lok Sabha on Monday. The Revised Business List of the Lower House for the day does not mention the Bill. The first list had scheduled the Bill for Monday. It mentioned, "... Arjun Ram Meghwal to move for leave to introduce a Bill further to amend the Constitution of India. Also to introduce the Bill." One Nation, One Election: Union Cabinet Approves Bills for Simultaneous Lok Sabha, State Assembly Elections, Say Source ...Read More >
ISKCON Kolkata has raised concerns with India over ongoing persecution of its monks and Hindu communities in Bangladesh, following the arrest of monk Chinmoy Krishna Das. ISKCON Kolkata has seriously raised concerns with the Indian government over the ongoing persecution of its monks and Hindu religious communities in Bangladesh. This is after the recent arrest of monk Chinmoy Krishna Das, a development that is very worrying in light of a series of attacks on members of the Hindu Vaishnavite order and other minority communities. ISKCON Kolkata spokesperson Radharaman Das shared with PTI that ...Read More >
Dhaka: A writ petition has been filed in the Bangladesh High Court seeking a ban on the broadcast of Indian TV channels in the country citing growing concerns over the impact of Indian media on Bangladeshi culture and society, Dhaka Tribune reported. Lawyer Ekhlas Uddin Bhuiyan, who filed the petition on Monday, is seeking a directive under the Cable Television Network Operation Act 2006 to prohibit the broadcast of Indian TV channels. It also asks why a rule should not be issued instructing a ban on Indian TV channels in Bangladesh, as per Dhaka Tribune. The hearing on the application may ...Read More >
Panaji, Dec 10 (PTI) Karachi-born Shane Sabastian Pereira entered India to live in his ancestral village in Goa just four months after his birth, but it has taken him 43 years to obtain Indian citizenship. Goa Chief Minister Pramod Sawant on Tuesday handed over the Indian citizenship certificate to the Pakistan-born Christian man under the Citizenship (Amendment) Act. Shane is the second person from the coastal state to receive the certificate, after Joseph Francis Pereira, another Pakistani citizen who was granted Indian citizenship in August this year. Shane, originally from Demello Wado ...Read More >
Heavy rains across Tamil Nadu have led to school closures in several districts, including Chennai, on Thursday. The India Meteorological Department (IMD) has issued a yellow alert, predicting moderate rains and light thunderstorms in parts of the state. Rainfall figures show significant precipitation in multiple areas. Meanwhile, Northern India braces for a cold wave beginning December 9, with the IMD forecasting plunging temperatures in Rajasthan, Punjab, Haryana, and Uttar Pradesh.Schools acros ...Read More >
The National Investigation Agency (NIA) has launched an investigation into three cases of violence in Manipur, including the abduction and killing of six women and children from the State's Jiribam district on November 11. The anti-terror agency re-registered three cases afresh on November 13 after the Ministry of Home Affairs decided to hand over the cases to it considering the gravity of the offences amid escalating violence in the strife-torn State. "The objective is to unearth the larger conspiracy behind the brutal attacks," an NIA spokesperson said on Tuesday (November 26, 2024). Last ...Read More >
Indian Army Chief General Upendra Dwivedi stated that the army has shifted Jammu and Kashmir's focus from "terrorism to tourism" while working towards 'Viksit Bharat 2047.' He emphasized the army's contribution to national security, development, and disaster relief, highlighting its role in achieving a "Progressive" and "Peaceful" India.Chief of Army Staff (COAS), General Upendra Dwivedi said that while moving towards the goal of 'Viksit Bharat 2047,' the army has been able to transform the idea of Jammu and Kashmir from "terrorism to tourism." While addressing an event at Savitribai Phule Pu ...Read More >
Srinagar: The minimum temperature has plummeted and settled below freezing point across Kashmir with many of the stations including Srinagar, the summer capital of Jammu and Kashmir recording the season's coldest night. According to the news agency -- Kashmir News Observer (KNO), the night temperature in Srinagar settled at minus 2.1 degree Celsius. Shopian was the coldest in Kashmir as the mercury plummeted and settled at minus 5.5 degree Celsius. Pahalgam, a famous tourist destination, recorded minus 5.0 degree Celsius while Gulmarg, a famous ski-resort recorded a low of minus 2.5 degree ...Read More >
The gunfight continued between security forces and terrorists in the upper mountain belt of Harwan. In a major breakthrough, the security forces killed a wanted terrorist, who was responsible for terror attack in Ganderbal, during an ongoing encounter in the upper reaches of Dachigam in Jammu and Kashmir on Tuesday. The Kashmir Zone Police in a social media post announced the killing of the terrorist, identified as Junail Ahmed Bhat. The Police said that Bhat was an A category terrorist of Lashkar-e-Taiba terror outfit and was involved in the killing of civilians in Ganderbal, Gagangir and o ...Read More >
Kuldeep Singh Sengar is also serving a 10-year jail term in connection with the custodial death of the Unnao rape victim's father. Kuldeep Singh Sengar sought interim bail on the grounds that he was suffering from various ailments The Delhi High Court on Thursday granted a two-week interim bail on medical grounds to expelled BJP leader Kuldeep Singh Sengar who is serving life term for raping a minor in Uttar Pradesh's Unnao in 2017. A bench headed by Justice Prathiba M Singh suspended the sent ...Read More >
Punjab farmer leader Jagjit Singh Dallewal's hunger strike enters its 17th day. His health is critical. The Supreme Court urges dialogue between the government and Dallewal. Dallewal demands MSP guarantee and other farmer-centric issues. He has written an open letter to the Prime Minister. Farmers' organizations continue their protests at the Punjab-Haryana border.The Supreme Court on Friday expressed serious concern over the deteriorating health of Punjab farmer leader Jagjit Singh Dallewal, who ...Read More >
New Delhi, November 26: Prime Minister Narendra Modi on Tuesday said that the government at the Centre has strengthened the spirit of the Constitution over the last 10 years. Addressing the Constitution Day celebrations at the Supreme Court, PM Modi highlighted that in the last 10 years, more than 53 crore bank accounts were opened, more than 4 crore pukka houses were given and more than 10 crore free gas connections were given. "In the last 5-6 years, by providing tap water facilities in more than 12 crore houses, the government made the lives of citizens easy, particularly of women," he sai ...Read More >
Cybercrime is quickly increasing in India, with reports surfacing daily about victims losing large sums of money to scammers. These scammers often use tactics like threatening a "digital arrest" to instill fear and pressure individuals into transferring money. They typically operate from foreign countries to evade capture by law enforcement. The Indian government, including Prime Minister Modi, is actively raising awareness about these scams. Recently, the Department of Telecommunications (DoT) issued a warning to the public regarding international fraud calls. They advised people to be caut ...Read More >