Supreme Court of India
In a powerful ruling that underscores the supremacy of individual rights, the Jammu & Kashmir and Ladakh High Court has directed the Ministry of Home Affairs (MHA) to bring back 63-year-old Rakshanda Rashid, who was deported to Pakistan after the Pahalgam attack, within ten days. The court described human rights as the most sacrosanct component of human life, emphasizing compassion over procedural rigidity in the wake of national tragedy.
Deportation After Pahalgam Attack Triggers Legal Storm
The deportation followed the April 22 terror attack in Pahalgam that claimed the lives of 26 people, including tourists. In response, the MHA revoked visas of several Pakistani nationals as a national security measure, including those holding Long-Term Visas (LTVs). Among them was Rakshanda Rashid, a Pakistani woman married to Indian national Sheikh Zahoor Ahmed for nearly four decades and residing in Jammu.
Her sudden deportation—without a detailed order or individual hearing—raised questions about the legality and humanity of the government’s blanket response. Her family claimed she had no relatives in Pakistan and was suffering from multiple health conditions, making the deportation both inhumane and unlawful.
High Court Declares Human Rights Paramount
The matter reached the High Court through a petition filed by the couple’s daughter, Falak Zahoor. In a strongly worded judgment, Justice Rahul Bharti declared:
“Human rights are the most sacrosanct component of a human life and on occasions a constitutional court is supposed to come up with SOS-like indulgence notwithstanding the merits and demerits of a case…”
The court criticized the hasty decision-making process and stated that Rashid had been expelled “without examining her case in better perspective and coming up with a proper order.” Her deportation, it said, lacked procedural fairness and humanitarian consideration.
MHA Ordered to Ensure Return Within Ten Days
On June 6, the court issued clear directions to the Union Home Secretary, instructing the Ministry of Home Affairs to facilitate Rashid’s return to India within ten days. The court asked the ministry to submit a compliance report by July 1, 2025, and explain how it intends to bring her back and under what legal framework.
While no official statement has been issued by the MHA yet, sources within the ministry suggest that the government is considering filing an appeal in a higher court, citing national security and executive prerogative during emergencies.
Court Flags Procedural and Legal Lapses
The judgment also flagged critical procedural violations. Rashid was reportedly holding a Long-Term Visa, which should have granted her basic protections under Indian immigration law. However, in the rush following the Pahalgam attack, her visa was revoked and she was deported without a formal deportation order or review by an independent authority.
This judicial intervention brings attention to what many view as a dangerous precedent—where even legally residing foreign nationals can be uprooted without due process during national emergencies.
Rising Concern Over Blanket Deportations
Rashid’s case isn’t isolated. After the Pahalgam incident, several Pakistani nationals—many of them women married to Indian men—were forced to leave the country. Tragically, one 63-year-old woman died of a heart attack near Amritsar while being deported. These cases have sparked outrage among human rights groups, who argue that India’s security concerns must be balanced with humanitarian obligations and legal safeguards.
In Jammu, there is growing anxiety among families like Rashid’s, who are fearful that political tensions may again override human rights and disrupt lives that have been built over decades.
Legal Battle Looms as Appeal Likely
While the High Court’s ruling is a major victory for Rashid’s family, it may not be the final word. Sources indicate the MHA may soon challenge the verdict, potentially taking the matter to a Division Bench. The government is likely to argue that after a major terror attack like Pahalgam, it is within its rights to act swiftly in the interest of public safety.
Still, the court’s strong language, focus on humanitarian concerns, and demand for accountability have set the stage for a legal debate that goes beyond one individual—it’s now about where the line is drawn between state power and civil liberty.
Final Word
The High Court’s directive to return a 63-year-old woman deported to Pakistan after the Pahalgam attack sends a clear message: no crisis should override the fundamental principles of human dignity and justice. Whether the MHA complies or challenges the order, the case has already sparked a wider conversation about how democracies should balance security with compassion—especially when it concerns the lives of the most vulnerable.
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