Ajey (editor) 08 August 2012

Indian passport to illegal infiltrator from pok

Maintaining that Pakistan-occupied Kashmir is part of India, the Maharashtra government told the Bombay High Court that it wants to withdraw cases under Passport act and Foreign Citizens Act against a man seeking to be deported to the disputed region.

This submission was made by the state government in the case of PoK native Siraj Khan, who claimed to have accidentally entered Indian territory as a 9-year-old.

Is Mharashtra government legally correct? Does not it violate Indian Passport Act Foreign Citizens Act?

case no is WP/2259/2012 dated 26/06/2012

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4 Replies

pratik (self working) 14 August 2012

i also want to known the answe whether it is leagal as per the above mention act.

thanks

Sudhir Kumar, Advocate (Advocate) 18 August 2012

Please see the descripttion of Indian territory in Constitution of India. Does it exclude POK?

Ajey (editor) 19 August 2012

Areas under illegal occupation of Pakistan are integral parts of India, no doubt about that. Point is can Maharashtra Government issue passport to the people living in POK? what about the place of birth column? you may not be knowing that in case of displaced Pandits from Kashmir valley files go to their ancestral police stattion even after 22 years of exile. what will happen to case pertainining to POK?

Does constitutiona provide answers?