J&K High Court Orders Centre to Repatriate Woman Deported to Pakistan Following Pahalgam Attack
(Judicial Quest News Network)
In a significant humanitarian move, the Jammu and Kashmir and Ladakh High Court has directed the Union Government to facilitate the return of a woman who was recently deported to Pakistan. The woman, identified as Rakshanda Rashid, had been residing in Jammu for the past 38 years with her husband and two children. At present, she remains stranded in a hotel in Lahore with no family or support system in Pakistan.
According to media reports, Rashid was among several Pakistani nationals deported by Indian authorities in the aftermath of the Pahalgam terror attack in April. Following the incident, the Union Government suspended visa services to Pakistani citizens and ordered those already in India to exit the country by April 27. Rashid challenged her deportation in court in April, but despite her petition being listed for hearing, she was deported on April 30—the same day the case was to be heard.
The High Court, in its order issued on June 6, noted the urgency and human impact of the case. Justice Rahul Bharti highlighted submissions made by Rashid’s husband, who emphasized that his wife suffers from multiple health issues and has no familial ties in Pakistan. The judge acknowledged that the woman’s case had not been fully examined on its merits before her removal and stated that constitutional courts are sometimes compelled to act on humanitarian grounds.
“Human rights are the most sacrosanct component of a 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.”
The Court further observed that Rashid had been living in India under a valid Long-Term Visa (LTV) and that her status alone should not have led to her deportation without due process. The ruling criticized the manner in which she was deported, noting the absence of a detailed investigation or a formal order justifying her expulsion.
“Given the exceptional nature of facts and circumstances of the case whereby the petitioner-Rakshanda Rashid wife of Sheikh Zahoor Ahmed 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.”
Accordingly, the High Court directed the Ministry of Home Affairs to take immediate steps to bring Rashid back to India. The order mandates that the directive be implemented within ten days and has scheduled the next hearing for July 1, when a compliance report is expected to be submitted.
Advocate Himani Khajuria appeared on behalf of the petitioner, while the Deputy Solicitor General represented the Union Government.
