Tuesday 17 February 2015

Why I granted stay orders to Pakistanis

When I was a Judge of Allahabad High Court ( 1991-2004 ) a large number of writ petitions were filed before me from time to time by old Pakistani citizens who had come to India on a visa of one month or so and did not want to go back. So deportation orders were issued by the Indian government to deport them to Pakistan, which they challenged before me.

 In every such case I would pass a stay order staying their deportation ' till further orders'. Since there are about a million ( ten lac ) cases in the Allahabad High Court, a case which had been heard once would usually be listed again after several years. So  the result of my stay orders was that in effect by a judicial order I converted a one month visa into a 5 year one or so ( because the case would come up again after 5 years or so, and till then the stay order would continue ).

 Why did I do this ?

 I did it because, as I have said repeatedly ( see my articles ' The Truth about Pakistan ', etc online and on my blog justicekatju.blogspot.in ), I do not recognize Pakistan. I believe that Pakistan is a fake, artificial entity ( I refuse to call it a country ) which was created by the British on the basis of the bogus two nation theory, propagated by that rascal Jinnah, who was really a British agent, to keep Hindus and Muslims fighting each other, and thereby keep India, of which Pakistan ( and Bangladesh ) is really a part, weak and backward. I refuse to be a party to this historical fraud and swindle and I have never recognized, and will never recognize, Pakistan as a country. It is part of India, and is bound to be one day reunited with India under a strong, secular, modern minded government, which will not tolerate religious bigotry or extremism of any kind, whether Hindu or Muslim, and crush it with an iron hand.

 So I regarded these petitioners before me as Indians. When they had been young men at the time of Partition or so they had been foolishly carried away by religious passions, incited by our British rulers or their agents, like that rascal Jinnah ( who is stupidly called Qaid-e-Azam ), and in that fit of passion they migrated to that fake entity called Pakistan.

 But now they had become old people ( if they had not already died ), and were nostalgic andwanted to return to their native homes where they has spent their young days, and where many of their relatives still lived. Unfortunately, on ,migrating to Pakistan they lost their Indian nationality, and became Pakistanis. The Indian Government has always been very reluctant to grant visas to Pakistanis, and even where it is granted after great difficulty, it is usually only for a short period of one month or so. Several conditions are also put on it, e.g. that the visa is only granted for living within one city, and there also one has to report to the nearest police station every week or so.

 These old men ( and women ) had come on this short visa, and were reunited with their relatives and old friends, and wanted to spend the last days of their lives here. They realized the folly of their youth, but it was too late now, what could they do ?

 As I said above, I do not recognize Pakistan, and I regard 'Pakistanis' as Indians ( whatever 'Pakistanis' may think of themselves ). So I regarded these petitioners as Indians. And how can an Indian be deported from India ?

 I did not say so in my orders, but that was the real reason for passing them.

10 comments:

  1. until now i held u in really very high regard! how cud u mix ur personal opinions wid ur professional work???(that too as an judge!). As a judge u r bound to give judgements on d basis of law specified in d constitution of india irrespective of ur personal opinions! Even if we consider ur personal opinion, that too fails in providing ample argument, u think pakistan is a part of india when in fact it isn't. Govt of India doesn't collect taxes from that region!

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    1. So if we don't collect taxes means we can deny the facts right. So what about the taxes collected be for 1947. Can we really root out and return back that money only ? Moreover if they really starts justifying only based on law guess we need not to frame the constitution. British er gave judgements based only on law and not with personal opinion and that is one of the reason behind framing our constitution. We should not forget that what Pakistan today was part of United india and who knows who the real Pakistani is??? Some of the present Indians hailed from Pakistan and vice versa. So its up to our thinking ... I'm Indian by the rules mentioned in the constitution but who knows maybe my great great grandfather might have born there.

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  2. Ur this action puts burden on this countries resources n also loosing faith in judiciary

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    1. I don't see any point of loosing faith in judiciary. He tried to spread fraternity and stood for that as mentioned in our constitution under Art 51A as one of Fundamental duties.

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  3. My respect 4 u has taken a big jump towards north after reading this article.
    I am happy that judges don't believe in International boundaries and justice for every person in this world is a serious issue.
    Thank you for doing this.
    Thank you for sharing this.

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    1. Rightly said dear. We should learn from Europeans, who are welcoming lakhs of people migrating from warn-torn Middle East and North Africa. All these international borders are man-made. Humanity should come before economic reasons.

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    2. Rightly said dear. We should learn from Europeans, who are welcoming lakhs of people migrating from warn-torn Middle East and North Africa. All these international borders are man-made. Humanity should come before economic reasons.

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  4. Nice Article. I m always Read your articles. It's realy Enjoyable. Thanks For Sharing with us. IBPS, UPSC, Govt Jobs

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  5. I really agree with this attitude and I think that like many countries who refuse to recognise other nations eg Pakistan and Bangladesh refuse to recognise Israel, China refuses to recognise Taiwan etc. India should also consider to refuse to recognise Pakistan as a nation. After all, all they seem to be interested in is terrorism and bashing on India and Indians and terrorising their own citizens - Shias Ahmadis Christians etc.. As far as I'm concerned, Pakistan is nothing but a amalgamation of Indian states - Sindh, Baloch, West Punjab, Pashtunistan etc. which has unethically usurped nationhood, displacing millions of Indians (see how many Sindhi live in India yet do not have a state of their own in India as it went to Pakistan) and still unstable without any clear idea of national identity - Jinnah envisioned Pakistan to be a secular democratic state with porous borders and free travel between both regions, Zia tried to convert it into a subcontinental Saudi Arabia, and apart from them a terrorist army and rogue intelligence angency has been running Pakistan and calling the shots. Even muslims in Pakistan keep targeting each other - Shia vs Sunni, Ahmadis etc are all targeted, Non Pashtuns and Non Punjabis are considered second rate citizens - so what is the identity of Pakistan? It sure as hell isn't religious unity nor cultural commonality. Only once Baloch, Sindh, West Punjab, PoKashmir, Pashtunistan, Gilgit- Baltistan are all part of India will this ridiculous fighting over Kashmir will truly end once and for all. InshaAllah that day will come soon.

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