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The High Court of Jammu & Kashmir and Ladakh has delivered a landmark judgment directing the Central Government to repatriate a 63-year-old woman who was deported to Pakistan in the aftermath of the Pahalgam terror attack in April.
Justice Rahul Bharti, while passing the order, observed, “Human rights are the most sacrosanct component of human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS like indulgence notwithstanding the merits and demerits of a case which can be adjudicated only upon in due course of time and therefore, this Court is coming up with a direction to the Ministry of Home Affairs, Government of India to bring back the petitioner from her deportation”.
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The Court observed “Given the exceptional nature of facts and circumstances of the case whereby the petitioner Rakshanda Rashid has been purportedly deported to Pakistan in the recent drive undertaken by the Government of India post Pahalgam carnage, this Court is constrained to direct the Secretary, Ministry of Home Affairs, Government of India to retrieve the petitioner back to J&K, India so as to facilitate the reunion of the petitioner with her husband-Sheikh Zahoor Ahmed in Jammu”.
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Rakshanda Rashid, who had been residing in Jammu for the past 38 years with her husband and children, was among several Pakistani nationals deported after the Indian government suspended visa services for Pakistanis in response to the attack.
Rashid, who had been living in India under a Long Term Visa (LTV), approached the High Court in April, challenging her deportation. Her case was scheduled for a hearing on 30 April, the same day she was deported.
In its order on 6 June, the Court considered her husband’s claim that Rashid has no family in Pakistan and suffers from health issues that place her life at risk.
The Court said that human rights are fundamental and that sometimes constitutional courts must intervene on humanitarian grounds.
The Court said that human rights are fundamental and that sometimes constitutional courts must intervene on humanitarian grounds.
The Court observed that Rashid’s LTV status might not have warranted her deportation, but she was forced out of India without a proper examination of her case. As the Court had yet to hear the merits of her case, it issued an order to the Ministry of Home Affairs to bring Rashid back to India.
The Court ordered that its directions must be implemented within 10 days, and the case will be heard again on 1 July for a compliance report.
Rakshanda Rashid, originally from Pakistan, had been residing in Jammu for the past 38 years with her husband, a retired government official, and their two children.
Despite holding a long-term visa (LTV), Rashid was deported abruptly. She has no relatives in Pakistan and is currently alone in a hotel in Lahore, Sheikh claimed.
Despite holding a long-term visa (LTV), Rashid was deported abruptly. She has no relatives in Pakistan and is currently alone in a hotel in Lahore, Sheikh claimed.
The court also took note of her deteriorating health, the absence of a support system in Pakistan, and the lack of due process in her deportation. Justice Bharti remarked that Rashid’s LTV status “may not have warranted her deportation” and questioned the absence of a proper deportation order.
Advocate Himani Khajuria represented the petitioner, while Deputy Solicitor General of India Vishal Sharma appeared for the Union of India.
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