J&K High Court Stays Single-Bench Order Repatriating 63-Year-Old Pakistan-Origin Woman Deported After Pahalgam Attack

A Division Bench of the Jammu and Kashmir Excessive Court docket immediately stayed the operation of the repatriation order handed by a single decide bench, which had directed the Union Ministry of Dwelling Affairs (MHA) to repatriate a 63-year-old Pakistani-origin girl, who was deported following the Pahalgam assault.

The Letters Patent Enchantment (LPA) titled Union of India vs Rakshanda Rashid Th. Falak Zahoor, 2025, was filed by the Union Territory of Jammu and Kashmir and the MHA, difficult the single-judge’s order dated June 6, which had described the deportation as missing due course of and violative of the petitioner’s human rights.

The Division Bench, headed by Chief Justice Arun Palli, whereas admitting the LPA for listening to, granted an interim keep on the implementation of the repatriation course.

Background

Justice Rahul Bharti, in his June 6 order, had taken observe of the “distinctive nature of details and circumstances” surrounding the case, observing that Ms. Rashid had been dwelling in India for 38 years, was married to an Indian citizen, and had been on a long-term visa, renewed yearly. She had additionally utilized for Indian citizenship in 1996, which was nonetheless pending on the time of deportation.

“Human rights are probably the most sacrosanct part of a human life…there are events when a constitutional courtroom is meant to provide you with SOS-like indulgence, however the deserves and demerits of a case…,” the only bench had stated.

Noting that her deportation had occurred with out a correct, reasoned order from the authorities, the only bench had directed the Ministry of Dwelling Affairs to take speedy steps for her repatriation to India from Pakistan.

MHA’s Enchantment and Grounds:

The MHA, in its appea,l questioned the maintainability of the writ petition, arguing that on the time of deportation, Ms. Rashid’s LTV had expired, and no legitimate visa existed to assist her continued keep. It additionally cited nationwide safety issues within the wake of the April 22 Pahalgam terror assault, which had led to a blanket cancellation of Pakistani visas, with restricted exceptions.

Nonetheless, the petitioner claimed she had utilized for LTV renewal in January 2025, which was by no means rejected, and thus she remained on a legitimate visa standing. The deportation befell on April 30, reportedly with none particular order being served on her.

Case-Title: Union Of India vs Rakshanda Rashid Th. Falak Zahoor, 2025