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synopsis
Pakistani nationals in India face arrest and prosecution if they fail to leave by the set deadlines following the deadly Pahalgam terror attack.
In the wake of a deadly terrorist attack in Pahalgam, Jammu and Kashmir, the Indian government has issued a stern warning to Pakistani nationals in India. Any Pakistani national who fails to leave the country by the set deadlines will face arrest, prosecution, and may be sentenced to up to three years in jail or a fine of up to Rs 3 lakh, or both.
The government’s move follows the horrific attack on April 22, where 26 people, mostly tourists, were killed by terrorists with links to Pakistan. The directive to leave India was issued shortly after the attack, with different deadlines set for various categories of Pakistani nationals based on their visa types.
Pakistani nationals holding SAARC visas have been given a deadline of April 27 to leave India. For those with medical visas, the deadline is April 29. The list of visa categories requiring Pakistani nationals to leave by Sunday includes visa on arrival, business, film, journalist, transit, conference, mountaineering, student, visitor, group tourist, pilgrim, and group pilgrim visas.
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What the Immigration and Foreigners Act 2025 states
The enforcement of this deadline is backed by the Immigration and Foreigners Act 2025, which was enacted on April 4. The law stipulates that overstaying, violating visa conditions, or trespassing in restricted areas can lead to imprisonment for up to three years and a fine of up to Rs 3 lakh. According to the Act:
“Whoever,—(a) being a foreigner, remains in any area in India for a period exceeding the period for which the visa was issued to him or stays in India without a valid passport or other valid travel document in contravention of provisions of Section 3 or does any act in violation of the conditions of the valid visa issued to him for his entry and stay in India or any part thereunder;
"(b) contravenes any other provisions of this Act, other than sections 17 and 19, or of any rule or order made thereunder or any direction or instruction given in pursuance of this Act or such order or direction or instruction for which, no specific punishment is provided under this Act, shall be punishable with an imprisonment for a term which may extend to three years or with a fine which may extend to three lakh rupees or with both,” the Act says.
In response to the situation, Union Home Minister Amit Shah reached out to the chief ministers of all states on Friday, urging them to ensure that no Pakistani national remains in India beyond the deadline. Subsequently, Union Home Secretary Govind Mohan held a video conference with the chief secretaries of all states to reinforce this directive. He specifically emphasized that all Pakistani nationals whose visas had been revoked must leave the country by the stipulated dates.
