Law: Azad Jammu & Kashmir Interim Constitution, 1974

Section: 44

Azad Jammu & Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 44--Azad Kashmir Foreigners Act, 1952, Ss. 14 & 15--Constitutional petition--Writ of habeas corpus--Afghan National--Detention and deportation--Push back policy--Valid visa/legal documentation--Due process--Civil authority--Appointment of civil authority--Illegal detention--Deportation procedure--Visa cancellation--Fundamental rights--Protection of law--Human dignity--Natural justice--External affairs--Judicial review--Repatriation of afghan refugees--Public safety--National interest--Humanitarian considerations--Family life and marriage rights--Trial and punishment under special law--Procedural compliance--Exceptional circumstances--Be that as it may, a visa confers a limited but lawful right of entry and stay for period and purpose specified, so long--There exists a specific statutory power permitting cancellation of visa and consequent removal, but even in such cases, visa cancellation is a prerequisite either express or implied before deportation--Trite judicial approach into matter is that a foreigner had no vested fundamental right to permanent residency; however, he/she was entitled to protection of law and due process for duration of a valid visa--So far as term ‘Civil authority’ for purpose of carrying out purposes of special Act in view of section 2 of Definition clause of said Act, is defined as under: 2.(b) ‘Civil authority’ means such authority as may be appointed by Government in this behalf for such area as it thinks fit--Abundantly clear that first step required to be taken prior to set special law in motion is appointment of ‘Civil authority’ by Government-- Petitioner(s) who were engaged in various kinds of business and earned good reputation and name in society, are at least required to be treated with dignity and respect, irrespective of whatever is likely to be taken by relevant quarters--Matter squarely falls within Government’s domain for determination--Bench mark is envisaged in S. 15 proviso 2 of AJK Foreigners Act, 1952--Seemingly proceedings had been initiated by relevant quarters under scheme of special law i.e.…