Jammu and Kashmir and Ladakh High Court: In a writ petition filed on behalf of a 63 years old woman who was deported to Pakistan following the Pahalgam terrorist attack seeking that she be retrieved back to Jammu and Kashmir considering her age and health concerns, a Single Judge Bench of Rahul Bharti, J., directed the Government of India to bring the woman back from her deportation, after considering the exceptional nature of facts and circumstances of the case.
The woman’s husband stated that there was no one in Pakistan to take care of her and that she was also suffering from multiple ailments and that her health and life was at risk if she would be abandoned and left to fend for herself.
The Court also took note of the fact that the petitioner had Long Term Visa (LTV) status, and that she was forced out without her case being examined in a better perspective and a proper order being passed with respect to her deportation, after the Pahalgam carnage, by the authorities concerned.
Considering the facts of the case, the Court emphasized 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 the Court, hence, directed the Secretary, Ministry of Home Affairs, Government of India to retrieve the 63-year-old woman back to Jammu and Kashmir so that she was reunited with her husband. It also directed that the compliance must be carried out within ten days, and a report should be filed on 1-7-2025.
[Rakshanda Rashid v. Union of India, WP(C) No. 1072 of 2025, decided on 06-06-2025]
Advocates who appeared in this case:
For the Petitioner(s)/Appellant(s): Himani Khajuria, Advocate.
For the Respondent(s): Vishal Sharma, DSGI.
