Odisha seeks guidance from MHA as Pakistanis refuse to leave the State

As per the Immigration and Foreigners Act, 2025, any Pakistani national, who fails to leave India as per the deadlines set by the government, will be arrested, prosecuted and may face a jail term or a fine or both.
Image used for representational purposes only.
Image used for representational purposes only.File photo
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BHUBANESWAR: Faced with a rather uncommon task of acting against Pakistani nationals unwilling to leave India after the Pahalgam terror attack, Odisha administration is looking for instructions from the Ministry of Home Affairs, top government sources said on Monday.

There are at least two cases where the law enforcement authorities have found themselves on a sticky wicket.

Razia Sultana of Balasore, who refused to comply with the deportation order, claimed she was born in India but her parents later shifted to Pakistan. She reportedly arrived again in the country with her three siblings and parents in 1980. A year later, she visited Odisha and got married to a Soro native. Though her family members returned to Pakistan in 1984, Sultana stayed back in Odisha with her husband.

What has made the matter more complex is there is no record on the type of visa she was holding when she arrived in India in 1980. She never applied for any visa again or attempted to acquire Indian citizenship.

“Prima facie Sultana may have fulfilled the criteria of citizenship by naturalization and registration but the 60-year-old neither applied for visa nor citizenship and was thus staying illegally in the country,” said sources. Sultana and her husband have two sons and two daughters.

“After Sultana did not comply with the leave India notice, we requested the authorities concerned to direct us regarding the next course of action against her,” said Balasore SP, Raj Prasad.

While Sultana does not have any valid document, a Hindu woman from Pakistan, Sharda Bai of Balangir, had applied for long term visa (LTV) around four to five months back. She even applied for Indian citizenship in 2016. However, both her applications are still pending with the Centre, said sources.

“We have requested the authorities in the state government to give us specific instructions regarding our further course of action regarding Sharda Bai refusing to leave the country,” said Balangir SP, Abilash G. Sharda, who is in her mid-50s, has one son and daughter each. Her husband passed away a few years ago.

As per the Immigration and Foreigners Act, 2025, any Pakistani national, who fails to leave India as per the deadlines set by the government, will be arrested, prosecuted and may face a jail term of up to three years or a fine of a maximum Rs 3 lakh or both.

A senior officer of the state police said the government is following a set of protocols issued by the Ministry of Home Affairs on such issues. “The MHA has been issuing advisories on the issues to all the states. We will be guided by the MHA,” said the officer.

Director General of Police (DGP) Yogesh Bahadur Khurania on Monday said 12 Pakistani nationals staying in Odisha have been issued quit India notice. “At least one Pakistani national has already left and we are keeping a vigil on the others who are still here. We are awaiting further instructions regarding the Pakistani nationals whose LTV has been approved and those whose applications are under consideration,” he said.

Two Pakistani women - one from Bhubaneswar and the other, a widow from Kotpad area in Koraput district, left for Delhi from Odisha on Sunday, said police sources. The fate of others, including Sultana and Sharda Bai, is still uncertain.

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