POK Integral Part of India; Foreigners Act Can’t be Invoked Without Proof: J&K Court

A Judicial Magistrate Court in Jammu & Kashmir has observed that Pakistan-occupied Kashmir (POK) is an integral part of India and does not form part of Pakistan, though it remains under illegal occupation.

The Court held that the provisions of the Foreigners Act cannot be mechanically invoked against individuals alleged to be from POK without cogent and reliable documentary evidence establishing foreign nationality or illegal entry.

Emphasising constitutional position and settled legal principles, the Court noted that mere assumptions or allegations are insufficient to attract the rigours of the Foreigners Act.

In the absence of proof demonstrating that the accused were foreigners, continuation of proceedings under the Act was held to be unsustainable.