Jammu & Kashmir And Ladakh High Court Directs Centre To Retrieve 63-Years Old Woman Back From Pakistan After Wrongful Deportation
The Jammu & Kashmir and Ladakh High Court has directed the Centre to retrieve a 60-years old woman back from Pakistan after she was wrongfully deported in the recent drive undertaken by the Government of India post Pahalgam carnage.
The Court was considering a Writ Petition seeking Ministry of Home Affairs, Government of India to bring back the lady who was deported.
The Bench of Justice Rahul Bharti observed, “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.”
The Petitioner was represented by Advocate Himani Khajuria, while the Respondent was represented by the Deputy Solicitor General of India.
The Husband of the deported lady submitted that she has no one in Pakistan for her care and custody, particularly when she is suffering from multiple ailments and her health and life are at risk with each passing day and is left to fend for herself.
The Court, at the outset, noted that 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.
Keeping in view the background the reference that the Petitioner was having LTV status at relevant point of time which per-se may not have warranted her deportation but without examining her case in better perspective and coming up with a proper order with respect to her deportation from the authorities concerned, still she came to be forced out, the Court ordered for her retrieval.
The Petition has been adjourned to July 1, 2025.
Cause Title: Rakshanda Rashid th. Falak Zahoor vs. Union of India & Ors.
