Visa

Provision of para.10 (revised) of Passport and Visa Manual, 1974 lays down that official gratis passport shall be issued to the Judges of the Supreme Court, High Courts and Shariat Court, their spouses and dependent unmarried children up to 25 years of age

Subjects of Azad Jammu and Kashmir, admittedly are issued passports on behalf of the Federal Government under its policy like other citizens of Pakistan and there is no reason as to why the high functionaries of Azad Jammu and Kashmir including the Judges of the Azad Jammu and Kashmir Supreme Court, High Court and Shariat Court and their spouses and their dependant children should be excluded from the purview of para. 10, of the Passport and Visa Manual, 1974 (as revised) for the purpose of the issuance of official/gratis passports by Government of Pakistan, as there is no specific exclusion in their respect

In view of their special Status, respect and dignity, they cannot be treated differently than the Judges of the superior Courts of Pakistan in this matter

Instructions dated 24-6-1970 issued by the Central Government for treating the Azad Jammu and Kashmir like any other Province for all practical purposes are required to be adhered to

Paragraph 10 of the Manual does not admit the exclusion of high functionaries and the Judges of the superior Courts of Azad Jammu and Kashmir

Pakistan cannot alienate itself from the affairs of Azad Jammu and Kashmir, it is high time that the people of Azad Jammu and Kashmir should be brought into the main stream of Pakistan as quickly as possible

High Court, under its jurisdiction under Art.199 of the Constitution of Pakistan, directed the concerned authorities to issue the official/gratis passports to the petitioner, family of the Judge of the High Court of Azad Jammu and Kashmir, within three days under intimation to the Deputy Registrar of the High Court.

Para. 62(vi), Passport and Visa Manual, 1974, makes a provision enabling the employees of Government of Azad Jammu and Kashmir who are either Pakistani nationals or State subjects to make applications for the issuance of a passport

Para. 70 of the said Manual lays down that it is not the policy of the Government to treat applications for passports from residents of the former State of Jammu and Kashmir on the basis different from that obtaining in the case of the citizens of Pakistan; they should also be granted passports subject to the same conditions and restrictions as apply in the case of the citizens of Pakistan.

Visa Entitlement to enter into a foreign country on basis of visa-Issuance of visa is only prima facie evidence that holder thereof, according to available information and examination, is entitled to enter the visa issuing State but it is no guarantee that he would be able to do so as final decision still rests with immigration officials who may refuse permission to enter the country even though an alien has a valid passport and visa

Every sovereign State has the power inherent in sovereignty, and essential to self-preservation to forbid the entrance of foreigners within the dominion or to admit them on such terms and conditions as it may deem fit.