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

A Division Bench of the Jammu and Kashmir High Court today stayed the operation of a repatriation order passed by a single judge bench, which had directed the Union Ministry of Home Affairs (MHA) to repatriate a 63-year-old Pakistani-origin woman, who was deported following the Pahalgam attack.

The Letters Patent Appeal (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, challenging the single-judge's order dated June 6, which had described the deportation as lacking due process and violative of the petitioner's human rights.

The Division Bench, headed by Chief Justice Arun Palli, while admitting the LPA for hearing, granted an interim stay on the implementation of the repatriation direction.

Background

Justice Rahul Bharti, in his June 6 order, had taken note of the “exceptional nature of facts and circumstances” surrounding the case, observing that Ms. Rashid had been living in India for 38 years, was married to an Indian citizen, and had been on a long-term visa, renewed annually. She had also applied for Indian citizenship in 1996, which was still pending at the time of deportation.

“Human rights are the most sacrosanct component of a human life...there are occasions when a constitutional court is supposed to come up with SOS-like indulgence, notwithstanding the merits and demerits of a case...,” the single bench had said.

Noting that her deportation had occurred without a proper, reasoned order from the authorities, the single bench had directed the Ministry of Home Affairs to take immediate steps for her repatriation to India from Pakistan.

MHA's Appeal and Grounds:

The MHA, in its appeal, questioned the maintainability of the writ petition, arguing that at the time of deportation, Ms. Rashid's LTV had expired, and no valid visa existed to support her continued stay. It also cited national security concerns in the wake of the April 22 Pahalgam terror attack, which had led to a blanket cancellation of Pakistani visas, with limited exceptions.

However, the petitioner claimed she had applied for LTV renewal in January 2025, which was never rejected, and thus she remained on a valid visa status. The deportation took place on April 30, reportedly without any specific order being served on her.

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