The High Court of Jammu and Kashmir and Ladakh recently directed the Union Ministry of Home Affairs to repatriate a 63-year-old woman, who was deported to Pakistan following the Pahalgam terrrorist attack.
The High Court passed the order, taking note of the “exceptional nature of facts and circumstances” of the case, as he petitioner was residing in India for nearly four decades and holding a Long-Term Visa (LTV).
The High Court directed the compliance within ten days from the date of the order (June 6) and posted the matter to July 1 for compliance report.
Justice Rahul Bharti passed the direction in a writ petition filed on behalf of the woman, named Rakshanda Rashid, through her daughter Falak Zahoor
The petitioner’s husband, Sheikh Zahoor Ahmed, told the Court that she has no one in Pakistan for her care and custody and that she was suffering from multiple ailments.
Noting that human rights are sacrosanct, the Court passed the extraordinary direction.
“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 also noted that since she had a Long Term Visa, her deportation might be unjustified and that she was forced out even without a proper order of deportation.
“This Court is bearing in mind background that 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.” (Livelaw)
