Srinagar: The High Court of Jammu and Kashmir and Ladakh has ordered the Ministry of Home Affairs to bring back a 63-year-old woman who was deported to Pakistan following the recent terror attack in Pahalgam, LiveLaw reported.
The court cited the “exceptional” circumstances of the case, noting that the woman, Rakshanda Rashid, had been living in India for nearly 40 years on a Long-Term Visa (LTV). Justice Rahul Bharti issued the direction in response to a petition filed by her daughter, Falak Zahoor.
The court instructed the Home Ministry to ensure compliance within ten days of the June 6 order and scheduled the next hearing for July 1 to review the compliance report, LiveLaw reported.
Rakshanda’s husband, Sheikh Zahoor Ahmed, informed the court that she has no family in Pakistan to care for her and is suffering from several health issues.
Emphasising the primacy of human rights, the court called its direction an extraordinary measure, necessary given the humanitarian concerns involved.
“Human rights are the most sacrosanct component of human life,” the court said. “In exceptional situations, constitutional courts must step in with urgent relief, even if the legal merits of the case are yet to be fully examined.”
The court also pointed out that Rashid’s deportation may have been unjustified since she held an LTV at the time and was removed without a formal deportation order.
“Considering that she had valid LTV status, her deportation may not have been warranted,” the court observed, adding that she appeared to have been expelled without due process.
