Indian passport for Pakistan occupied Kashmiris

Discussion in 'Internal Security' started by Daredevil, Aug 7, 2012.

  1. Daredevil

    Daredevil On Vacation! Administrator

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    Indian passport for man from Pakistani occupied Kashmir

    6 August 2012 Last updated at 19:57
    By Zubair Ahmed
    BBC News, Mumbai

    Mr Khan married an Indian woman and now has a family in Mumbai
    A man from Pakistani-occupied Kashmir who entered India illegally is to apply for an Indian passport after officials said he could stay.

    Siraj Khan had requested deportation so he could see family in Kashmir again.

    However, officials said he should be considered an Indian citizen as India claims all of Kashmir. The case is thought to be the first of its kind.

    Kashmir has been divided between the two countries since independence and both claim it in its entirety.

    Siraj Khan told the BBC soon after the court hearing that he was happy with the outcome.

    "I am also relieved that my three-year-old fight was over and that I can now visit my parents and other family members on an Indian passport," Mr Khan said.

    Mr Khan, 30, had applied to the Bombay High Court seeking his own deportation after appeals to the Indian authorities and the Pakistani High Commission to send him back to Pakistan had failed.

    Mr Khan, who works as a caterer in Mumbai (formerly known as Bombay), is married to an Indian Muslim woman with whom he has three children.

    "I love Mumbai but I love my parents too and I must visit them as soon as my passport is ready," he said.

    Mr Khan came to India when he was nine years old, staying first in Rajasthan and then in the northern city of Varanasi before making his way to Mumbai.

    He had no passport or any official documentation, which prevented him from leaving the country.

    The state government has now promised to issue him a ration card, which is the first step towards issuing other legal documents including his passport.

    'Landmark outcome'

    Last week the Bombay High Court criticised the state and federal governments for "allowing a man, who claims he is from Pakistan-occupied Kashmir and had crossed over to India in 1995, to stay in the country for so long".

    Judges at the court said the case had "ramifications on national security" and summoned the state's attorney general to explain how Mr Khan had been allowed to stay in the country illegally.

    However, as soon as the hearing began on Monday the state government said it regarded him as an Indian citizen and that therefore all cases against him for being in India illegally should be dropped.

    The advocate general of Maharashtra state, Darius Khambata, told the court that Mr Khan should be considered an Indian citizen, since the Indian constitution regarded "Pakistan-occupied Kashmir" as an integral part of India.

    He urged the court to drop all cases against Mr Khan and said he was free to apply for an Indian passport.

    There has been no reaction from officials in Pakistan, which rejects the suggestion that Pakistani-controlled Kashmir should be regarded as Indian territory.

    Mr Khan's lawyer Ejaz Naqvi described the state government's decision as "a landmark outcome".

    "Never before has the government accepted a citizen... [from Pakistan-controlled Kashmir] as a citizen of India. This will have a far reaching effect," Mr Naqvi said.

    Mr Naqvi said he believed other people living in India in similar circumstances could now ask for Indian citizenship.

    Last year the Indian government said in a statement that "more than 700 Pakistanis were given Indian citizenship in the last three years". But most of these were Pakistani Hindu immigrants.

    Mr Khan's case may be viewed with interest by other Pakistanis who have been detained for entering India illegally.

    The two countries have detained hundreds of each other's citizens for illegally crossing the frontier and for spying, as well as holding prisoners from the three India-Pakistan wars.
     
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  3. Daredevil

    Daredevil On Vacation! Administrator

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    It is a step in right direction. This will legitimise our stand that PoK is an Indian territory. Pakis must be squirming.
     
  4. The Messiah

    The Messiah Bow Before Me! Elite Member

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    Im got mixed feelings over this.
     
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  5. Daredevil

    Daredevil On Vacation! Administrator

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    It is a mixed feeling but its legally right.
     
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  6. The Messiah

    The Messiah Bow Before Me! Elite Member

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    I would agree with that if it was for ethnic kashmiris and gilgit-baltistan but how do we know this chap isn't a paki punjabi who settled in pok in the first place ?
     
  7. blank_quest

    blank_quest Senior Member Senior Member

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    Today only I was suggesting similar thing here.... wow:namaste:
     
  8. Daredevil

    Daredevil On Vacation! Administrator

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    In this case, he came as a kid but I agree that more vetting should be done before considering them as citizens.
     
  9. pmaitra

    pmaitra Moderator Moderator

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    Just like Russia was doling out Russian Passports to people in South Ossetia.

    Not a bad idea, really.
     
  10. blank_quest

    blank_quest Senior Member Senior Member

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    Just give them Indian Citizenship and send them back. Porkis wont allow them back in their territory Simple! :rofl:

    Damn if they do and Damn if they don't. If they will allow them with "Indian Passport" means "Pok is India's part officially" for them . and If they don't allow then also it means they assume Pok as India's part as they are restricting "Indian citizen" from entering into Pok :rofl:
     
    Last edited: Aug 7, 2012
  11. blank_quest

    blank_quest Senior Member Senior Member

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    what else GoI should do to Fcuk porkis! give innovative ideas :cool2:
     
  12. Yusuf

    Yusuf GUARDIAN Administrator

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    They grew a brain!!!! Fan-bloody-tastic!!
     
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  13. Yusuf

    Yusuf GUARDIAN Administrator

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    Indian govt shoud take it a step further. Starting with GB, start issuing some kind of legal document not necessarily a passport which gives them Indian ID. Some sort of a step which makes the Pakis feel india is getting assertive. Obviously there are security ramifications so it has to be well thought out.
     
  14. blank_quest

    blank_quest Senior Member Senior Member

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    PoK is Indian territory . Why to worry then? send them back to their Indian territory aka "Pok" with some Indian Identity. It will loose a hell on Pakis .. Am damn sure :rofl:
     
  15. blank_quest

    blank_quest Senior Member Senior Member

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    Better govt of India should list all persons originally born or desendents of PoK as "Indian Nationals" and choose a representative for them from J&K
     
  16. blank_quest

    blank_quest Senior Member Senior Member

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    And when they want to come to this side in J&K all persons should welcomed after being sanitized to check paki stooges and must be registered/listed/censused in detail for easy access.as Indian and sent back.:rofl:
     
  17. SADAKHUSH

    SADAKHUSH Senior Member Senior Member

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    Punjabi naal Punjabi which bolo ta patta lag jayega. Ki khayal hai Veerji?
     
  18. Known_Unknown

    Known_Unknown Devil's Advocate Stars and Ambassadors

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    This just won't work. Maharashtra has no jurisdiction when it comes to matters of citizenship. The Maharashtra government simply deflected the judge's question of "why did you allow this Paki to stay here legally" by saying that the Maharashtra government does not consider him to be illegal. However, Maharashtra's views on this matter are irrelevant. The judge should have asked for the Attorney General to provide an answer to the court.

    When this man tries to apply for a passport, he will be rejected on exactly these grounds.
     
  19. Blackwater

    Blackwater Veteran Member Veteran Member

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    Indian passport for man from Pakistani-held Kashmir

    A man from Pakistani-administered Kashmir who entered India illegally is to apply for an Indian passport after officials said he could stay.

    Siraj Khan had requested deportation so he could see family in Kashmir again.

    However, officials said he should be considered an Indian citizen as India claims all of Kashmir. The case is thought to be the first of its kind.

    Kashmir has been divided between the two countries since independence and both claim it in its entirety.

    Siraj Khan told the BBC soon after the court hearing that he was happy with the outcome.

    "I am also relieved that my three-year-old fight was over and that I can now visit my parents and other family members on an Indian passport," Mr Khan said.

    Mr Khan, 30, had applied to the Bombay High Court seeking his own deportation after appeals to the Indian authorities and the Pakistani High Commission to send him back to Pakistan had failed.

    Mr Khan, who works as a caterer in Mumbai (formerly known as Bombay), is married to an Indian Muslim woman with whom he has three children.

    "I love Mumbai but I love my parents too and I must visit them as soon as my passport is ready," he said.

    Mr Khan came to India when he was nine years old, staying first in Rajasthan and then in the northern city of Varanasi before making his way to Mumbai.

    He had no passport or any official documentation, which prevented him from leaving the country.

    The state government has now promised to issue him a ration card, which is the first step towards issuing other legal documents including his passport.

    'Landmark outcome'
    Last week the Bombay High Court criticised the state and federal governments for "allowing a man, who claims he is from Pakistan-occupied Kashmir and had crossed over to India in 1995, to stay in the country for so long".

    Judges at the court said the case had "ramifications on national security" and summoned the state's attorney general to explain how Mr Khan had been allowed to stay in the country illegally.

    However, as soon as the hearing began on Monday the state government said it regarded him as an Indian citizen and that therefore all cases against him for being in India illegally should be dropped.

    The advocate general of Maharashtra state, Darius Khambata, told the court that Mr Khan should be considered an Indian citizen, since the Indian constitution regarded "Pakistan-occupied Kashmir" as an integral part of India.

    He urged the court to drop all cases against Mr Khan and said he was free to apply for an Indian passport.

    There has been no reaction from officials in Pakistan, which rejects the suggestion that Pakistani-controlled Kashmir should be regarded as Indian territory.

    Mr Khan's lawyer Ejaz Naqvi described the state government's decision as "a landmark outcome".

    "Never before has the government accepted a citizen... [from Pakistan-controlled Kashmir] as a citizen of India. This will have a far reaching effect," Mr Naqvi said.

    Mr Naqvi said he believed other people living in India in similar circumstances could now ask for Indian citizenship.

    Last year the Indian government said in a statement that "more than 700 Pakistanis were given Indian citizenship in the last three years". But most of these were Pakistani Hindu immigrants.

    Mr Khan's case may be viewed with interest by other Pakistanis who have been detained for entering India illegally.

    The two countries have detained hundreds of each other's citizens for illegally crossing the frontier and for spying, as well as holding prisoners from the three India-Pakistan wars.


    BBC News - Indian passport for man from Pakistani-held Kashmir
     
  20. Blackwater

    Blackwater Veteran Member Veteran Member

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    Re: Indian passport for man from Pakistani-held Kashmir

    [​IMG]
     
  21. sky

    sky Regular Member

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    Re: Indian passport for man from Pakistani-held Kashmir

    All of Kashmir belongs to India so this should have been straight forward process ,why did he have to go to court to acquire his Indian passport.
     
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