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POK An Integral Part Of India; Foreigners Act Not Applicable To Persons Entering From The Region: J&K Court Discharges Couple
['Livelaw News Network']
Supreme Court - High Court - Legal Breaking News | Live Law India
In a significant judicial observation regarding Pakistan-occupied Kashmir (POK), a Court in Jammu and Kashmir has categorically held that POK is an integral part of India but illegally occupied by Pakistan and therefore, the provisions of the Foreigners Act cannot be attracted to persons allegedly coming from that region.
Acquitting the accused, the court remarked,"… The prosecution has failed to establish the essential ingredients of offences under Sections 2/3 E&IMCO or Section 14 of the Foreigners Act.
No overt act, mens rea, or illegal act attributable to the accused persons has been proved on record".
Acting on information received from reliable sources, the police registered an FIR under Sections 2/3 Enemy Agents Ordinance/E&IMCO and Section 14 Foreigners Act.
Therefore foreigners act has not been attracted to the accused persons".