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The Hindu
10-07-2025
- Politics
- The Hindu
J&K High Court seeks MHA response on long-term visa status of deported Pakistan woman
The Jammu and Kashmir High Court on Thursday (July 10, 2025) sought a response from the Union Ministry of Home Affairs (MHA) regarding the status of the long-term visa (LTV) application of a 62-year-old housewife who was deported to Pakistan following the Pahalgam terror attack. The petitioner Rakshanda Rashid, a Pakistani citizen married to an Indian, had lived in Jammu for 38 years on an LTV, which was annually renewed. She had applied for citizenship in 1996 but the request has yet to be processed and at the time of deportation, her LTV application was pending with the Ministry. Also read: Home Ministry appeals against J&K High Court order to repatriate woman deported to Pakistan A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal orally asked the Ministry to furnish the reply on July 17, the next date of hearing. The matter could not be argued on Thursday (July 10, 2025), as Solicitor General of India Tushar Mehta, who was to appear on behalf of the Ministry, was busy in another case in the Supreme Court. The petitioner's counsel Ankur Sharma said they hoped a solution within the legal framework. Also read: Bring back woman deported to Pakistan: J&K High Court 'The case could not be argued, but during oral discussion, we conveyed to the court that we want a solution and do not want to take an adversarial position against the government,' said Mr. Sharma. On June 29, the MHA had appealed against a June 6 order by Justice Rahul Bharti, who directed the Union Home Secretary to bring back the petitioner from Pakistan in 10 days. The Ministry said the 'judiciary should not override' the executive's decision to deport a foreign national, adding that the High Court order was constitutionally impermissible and unsustainable, as it directed the enforcement of a judicial writ beyond the sovereign territory of India in Pakistan, where she was deported to, and was thus ultra vires. The Ministry also said that the court's direction was 'legally unenforceable and diplomatically untenable'. Also read | Cause and effect: On human rights, citizenship cases After the April 22 Pahalgam terror attack in which 26 people were killed, the Ministry cancelled the visas of all Pakistani citizens and asked them to leave the country by April 29. The order exempted those with LTVs or Pakistani women married to Indian citizens. The woman was deported despite the Ministry's guidelines stating that Muslim women who are married to Indian citizens and have applied for LTVs are not required to leave the country. Ms. Rashid's daughter Fatima Sheikh had told The Hindu earlier that her mother was taken to the Attari border in Punjab by the Jammu and Kashmir Police and expelled from the country on April 28. She said her mother had applied for an LTV extension in January, yet the leave-India notice served by the police said the application was made on March 8. She said she got emails on April 26 and May 9 from the Foreigners Regional Registration Office (FRRO) that the LTV application was 'under process' and awaiting approval from higher authorities. Ms. Sheikh said her mother had no immediate relatives in Pakistan and was living alone in a hotel with little money.
Time of India
04-07-2025
- Politics
- Time of India
110 Pak immigrants take oath of allegiance to India in first step towards citizenship
Nagpur: Even as the fate of Pakistani citizens living in India on long-term visa (LTV) seems uncertain — 110 of them in the city took the oath of allegiance to India on Tuesday, the first step towards obtaining Indian citizenship by naturalisation. It was the first batch of Pakistani immigrants, included 11 minors, in Nagpur to take the oath after the restrictions imposed following the Pahalgam attacks. Soon after the Pahalgam killings, the govt issued exit orders for Pakistanis living in India. Even though it was later clarified that those on LTV could stay, they were required to fill in their details afresh on a ministry of home affairs (MHA) portal before July 10. With barely a week remaining for the deadline, those left out are scrambling to upload the details in time. This group, with the oath taken, is now secured about their stay in the country. The final citizenship card will follow in two to three months, said Rajesh Jhambhia of the Sindh-Hindi Panchayat, an NGO for immigrants. "It could happen because all the security clearances have been completed. The district administration, which handles such cases, was also prompt," he said. The Panchayat is also helping the remaining Pakistanis fill up the details in the MHA portal, enabling them to continue staying on LTVs and apply for citizenship. The majority of Pakistani citizens living on LTV are Hindu immigrants from Sindh, and the exit orders post-Pahalgam had left many harried. Nineteen-year-old Nancy Sewani says she can finally pursue her dream of becoming an air hostess. Growing up in India, she had to wait until her parents became Indian citizens first. Last year, Nancy appeared for an interview with a leading airline but was rejected for not having a passport, said her brother Akash. Soon she will get an Indian passport, and she hopes to apply again. Among those taking the oath was a 22-year-old who lost her parents during her stay in India. She stayed behind with her relatives and has finally qualified to become an Indian citizen through naturalisation. "My parents died in 2018 and 2020. I continued to stay here with my relatives as I found India a better place for education," she said, requesting anonymity. A Kodalal Bagzai, a 55-year-old from Jacobabad, Pakistan, was also among those taking the oath. He came to India with his five children, one of whom died of a heart attack. "My relatives offered me a job in Nagpur, so we shifted to India for better prospects. Now I drive an e-rickshaw," he says. "The families prefer to stay in India because of their children's future. Many of them are taking higher education and wish to pursue their career in India," said Jhambia. Nagpur: Even as the fate of Pakistani citizens living in India on long-term visa (LTV) seems uncertain — 110 of them in the city took the oath of allegiance to India on Tuesday, the first step towards obtaining Indian citizenship by naturalisation. It was the first batch of Pakistani immigrants, included 11 minors, in Nagpur to take the oath after the restrictions imposed following the Pahalgam attacks. Soon after the Pahalgam killings, the govt issued exit orders for Pakistanis living in India. Even though it was later clarified that those on LTV could stay, they were required to fill in their details afresh on a ministry of home affairs (MHA) portal before July 10. With barely a week remaining for the deadline, those left out are scrambling to upload the details in time. This group, with the oath taken, is now secured about their stay in the country. The final citizenship card will follow in two to three months, said Rajesh Jhambhia of the Sindh-Hindi Panchayat, an NGO for immigrants. "It could happen because all the security clearances have been completed. The district administration, which handles such cases, was also prompt," he said. The Panchayat is also helping the remaining Pakistanis fill up the details in the MHA portal, enabling them to continue staying on LTVs and apply for citizenship. The majority of Pakistani citizens living on LTV are Hindu immigrants from Sindh, and the exit orders post-Pahalgam had left many harried. Nineteen-year-old Nancy Sewani says she can finally pursue her dream of becoming an air hostess. Growing up in India, she had to wait until her parents became Indian citizens first. Last year, Nancy appeared for an interview with a leading airline but was rejected for not having a passport, said her brother Akash. Soon she will get an Indian passport, and she hopes to apply again. Among those taking the oath was a 22-year-old who lost her parents during her stay in India. She stayed behind with her relatives and has finally qualified to become an Indian citizen through naturalisation. "My parents died in 2018 and 2020. I continued to stay here with my relatives as I found India a better place for education," she said, requesting anonymity. A Kodalal Bagzai, a 55-year-old from Jacobabad, Pakistan, was also among those taking the oath. He came to India with his five children, one of whom died of a heart attack. "My relatives offered me a job in Nagpur, so we shifted to India for better prospects. Now I drive an e-rickshaw," he says. "The families prefer to stay in India because of their children's future. Many of them are taking higher education and wish to pursue their career in India," said Jhambia.
The Hindu
01-07-2025
- Politics
- The Hindu
Judiciary should not override executive's decision to deport a foreign national: Home Ministry
The Union Home Ministry's (MHA) appeal against a Jammu and Kashmir High Court order to repatriate a 62-year-old housewife who was deported to Pakistan post Pahalgam terror attack said the 'judiciary should not override' the executive's decision to deport a foreign national. It said the High Court order was constitutionally impermissible and unsustainable, as it directed the enforcement of a judicial writ beyond the sovereign territory of India to Pakistan, where she was deported and was thus ultra vires. The Ministry also said that the court's direction was 'legally unenforceable and diplomatically untenable.' 'There exists no extradition treaty, legal instrument, or international obligation binding Pakistan to return her to India. The Indian government cannot, under existing international law, compel a sovereign nation to surrender a non-citizen,' the MHA said. The Home Ministry said 'courts must preserve the institutional boundaries necessary for effective governance' and the order, if allowed to stand, would establish a dangerous precedent. Staying for 38 years The MHA filed a Letters Patent Appeal (LPA) before a Division Bench of the High Court against a June 6 order by judge Rahul Bharti who directed the Union Home Secretary to bring back the petitioner Rakshanda Rashid in 10 days. Married to an Indian, Ms. Rashid had been staying in Jammu for 38 years on a Long-Term Visa (LTV), which was extended annually even as her citizenship application is pending with the MHA since 1996. On April 29, at the time of deportation, the LTV did not exist, the MHA said. Ms. Rashid had said in her petition that she applied for LTV renewal in January and the application was never rejected. After the April 22 Pahalgam terror attack, where 26 people were killed, the MHA cancelled the visas of all Pakistani citizens and asked them to leave the country by April 29. The order exempted those with LTVs or Pakistani women married to Indian citizens. The Ministry said that while passing the order, the single judge 'failed to appreciate the circumstances and the national security considerations and the reasonable apprehension posed by the Pakistani nationals staying in India on account of war-like situation between India and Pakistan.' It added that the order is 'contrary to the principles of judicial restraint in the matters concerning national security and international relations, particularly in dealing with the national of a hostile country.' It said the order was 'based on assumption that marriage to an Indian citizen entitles her to claim a right to reside in India or to have her deportation reopen.' 'Subject to control' 'It is well settled law that a foreign national does not acquire Indian nationality or legal residency rights solely by virtue of marriage. A foreigner does not possess a fundamental right to reside in India and their entry and stay are subject to regulatory control of the state under Foreigners Act, 1946. Because it is a trite law that a foreign national do not enjoy rights guaranteed under Article 19. The only fundamental right available to a foreigner is under Article 21 of the Constitution of India which does not confer any right to remain in India once a visa expires or is revoked,' the MHA said. The Ministry said the order would set a dangerous precedent and 'may be cited by foreign nationals to invoke Article 226 for personal repatriation' and the outcome 'threatens the integrity of constitutional separation and immigration enforcement alike.' The judiciary, by ordering the repatriation of a foreign national from another sovereign country, had encroached on into the domain of the Union Executive, whose functions under Article 73 include decisions regarding foreign relations, immigration policy, and national security, the Home Ministry said.
The Hindu
24-06-2025
- Politics
- The Hindu
Centre to challenge Jammu and Kashmir High Court order on repatriation of deported woman
The Ministry of Home Affairs (MHA) is likely to appeal against an order of the High Court of Jammu and Kashmir and Ladakh to repatriate a 63-year-old housewife who was deported to Pakistan following the crackdown against Pakistani nationals post-Pahalgam terror attack. A government source said the order would be challenged soon in a higher court. As reported by The Hindu on June 23, Judge Rahul Bharti had ordered the Union Home Secretary to 'retrieve' the petitioner Rakshanda Rashid from Pakistan, 'given the exceptional nature of facts and circumstances of the case.' Ms. Rashid had been living in Jammu with her husband and two children for the past 38 years, till April 30 when she was deported to Pakistan through the Attari land border check point in Punjab. Her family moved the High Court, which ordered on June 6 that she be brought back in 10 days. Ankur Sharma, petitioner's counsel, told The Hindu the order could be challenged before the Division Bench of the High Court, and they were prepared to file a caveat. 'We understand that if the order is challenged by the Union government, we may also file a caveat so that whenever the case comes up for hearing we are also given a notice to present our case,' said Mr. Sharma. As reported, the petitioner is living at a hotel in Lahore with little money as she has no immediate family members in Pakistan. Her daughter had said Ms. Rashid was on a long-term visa (LTV) in India and had applied for citizenship in 1996 which was never processed. After the April 22 Pahalgam terror attack, where 26 people were killed, the MHA cancelled the visas of all Pakistani citizens and asked them to leave the country by April 29. Though the order exempted those with LTVs or Pakistani women married to Indian citizens, Ms. Rashid was picked up by the Jammu and Kashmir police and deported to Pakistan, her lawyer said. Judge Bharti noted in his order, 'Human rights are the most sacrosanct component of a human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS-like indulgence notwithstanding the merits and demerits of a case which can be adjudicated only upon in due course of time. Therefore, this court is coming up with a direction to the Ministry of Home Affairs, Government of India to bring back the petitioner from her deportation.'
Khaleej Times
24-06-2025
- Business
- Khaleej Times
NRIs in UAE: How can I take a loan against my gold belongings?
Question: My brother in India wants to take a loan for his business against the security of gold belonging to the family. Are there any rules or guidelines for determining the amount of loan which would be sanctioned by a bank against security of the gold? ANSWER: The Loan-to-Value (LTV) ratio is fixed by the Reserve Bank of India. If the loan amount is upto Rs250,000, the LTV is 85 per cent. For loans upto Rs500,000, the LTV is capped at 80 85 per cent, and for loans above this figure, the LTV is 75 85 per cent. For valuing the gold, banks and non-banking finance companies are required to take into account the lower of the average closing price of the gold over the previous thirty days, or the latest closing price. If gems and other precious stones are part of the security, their value will be excluded and the intrinsic metal value alone will be taken into account. Re-pledging of collateral or using it to obtain loans from other institutions is not permitted. Banks and other lenders are required to follow standardised assaying procedures in the borrower's presence and disclose the valuation method. A declaration will have to be made by the borrower as proof of his ownership of the pledged gold. Question: Is satellite based communication going to be a reality in India in the near future? There are media reports that several companies, both foreign and Indian, are keen to enter this space. ANSWER: In May this year, the Telecom Regulatory Authority of India recommended administrative allocation of satellite based communication spectrum, subject to certain conditions being complied with. The regulator has fixed the fee for such allocation at four per cent of the Adjusted Gross Revenue. Consequently, multiple players have applied for a licence and therefore it is expected that the rollout of the satellite network will happen at a fast pace. The revenue is expected to grow from the current level of $2.3 billion to around $20 billion by 2028. The Government is keen to push forward the satcom policy at the earliest and, once permissions are given by the authority, satellite based internet services would be available throughout the country. One of the major global players Starlink has agreed to the stringent conditions laid down by the Department of Telecom and the Government has cleared its application for a Global Mobile Personal Communication by Satellite licence. It has already paid the fees required by law and therefore it will be in a position to start its operations as soon as it secures approval from the Indian Space and Authorisation Centre. Strict security requirements have been laid down, including the need to establish methods of interception as well as having a command and control centre in India. Question: With the growing population of under-40s in India, the number of persons seeking jobs is increasing every year. Will it be possible to provide such persons with gainful employment opportunities? ANSWER: The only way to ensure that the demographic dividend is reaped by the country is to provide training and skills to millions of prospective young workers. The Government is therefore devising a new framework for skilling young citizens so that they may either be employed or are capable of being self-employed as carpenters, electricians, plumbers, etc. where tremendous opportunities exist in view of the large number of residential properties that are coming up. Government is also thinking of handing over industrial training institutes (ITIs) to manufacturing companies. At present, there are 15,034 ITIs functioning in the country, of which 3,298 are run by the Government and the balance by private enterprises. The Central Government runs schemes to provide financial support to State Governments for strengthening the infrastructure of ITIs and improving the quality of training provided by them. The Government has approached Chambers of Commerce to encourage companies which are their members to take over the Government-run ITIs and run them as polytechnics. The companies would decide on the curriculum in conformity with their requirement for a skilled workforce. The objective is that every sector of industry should have a large pool of skilled talent which will be available for future growth. The Government has allocated Rs.88 billion for the Skill India Programme and these funds will be available to the corporate sector which undertakes the training of its employees. HP Ranina is a practising lawyer, specialising in corporate and fiscal laws of India.
