Pahalgam Terror Attack : Supreme Court Asks Centre To Verify Citizenship Claims Of A Family Facing Deportation To Pakistan

The Supreme Court on Friday (May 2) asked the authorities of the Central Government to verify the Indian citizenship claims of six persons, who are facing deportation of Pakistan following the directives issued by the Centre in the wake of the Pahalgam terrorist attack.

The petitioners claimed that they have Indian passports and Aadhaar cards. The Court asked the authorities "to verify all the documents and any other relevant facts that may be brought to their notice." The Court directed that a decision be taken at the earliest, though no time limit was fixed. Till such a decision is taken, no coercive action be taken against the petitioners, the Court added. The Court clarified that its order shall not be treated as a precedent.

With these observations, a bench of Justices Surya Kant and N Kotiswar Singh disposed of the writ petition filed by the petitioners apprehending deportation. The bench also granted liberty to the petitioners to approach the High Court of Jammu and Kashmir and Ladakh if they are aggrieved with the final decision taken by the Central authorities. 

Advocate Nanda Kishore, for the petitioners, submitted that they are Indian citizens, having passports and Aadhaar cards. He said two petitioners (sons) are working in Bangalore, and the others, parents and sisters, are in Srinagar.  He said that the family members in Srinagar were taken in a jeep to the Wagah border and that they are "at the threshold of being thrown out of the country."

"How did the father come to India? You have said he was in Pakistan," Justice Kant asked. The counsel said that the father came to India in 1987. When Justice Kant sought more clarity, the counsel added that the petitioner surrendered the Passport at the border and came to India. One of the sons, who was appearing virtually, then claimed that the father came to India from Muzaffarabad, from the "other side" of Kashmir.

Justice Kant expressed displeasure that the petition did not disclose these facts. 

Solicitor General of India Tushar Mehta said that the petitioners should approach the concerned authorities first so that their claims can be verified. "Let them approach the authorities," SG said.

When the bench was about to dictate in the order that the petitioners should not be deported till a final decision, SG interjected to request that such an observation may not be made. SG gave an oral undertaking that "he will take care." However, the bench said that the oral undertaking may give rise to uncertainties and observed in the order that the petitioners should not face coercive action till the final decision of the authorities.

The operative portion of the order read as :

"In the peculiar facts and circumstances of this case, authorities may not take coercive action till an appropriate decision is taken. If petitioners are dissatisfied by final decision, they can approach J&K&L HC. Order not to be treated as precedent."

Background

The petition was filed in the backdrop of escalating tensions between India and Pakistan following the attack that took place on April 22 in Baisaran Valley, Pahalgam (Jammu and Kashmir), where terrorists opened fire on tourists and left 26 people dead.

After the attack, the Union government issued a slew of directions, including that all Pakistani nationals in the country on short-term visas shall leave by April 27 or face action.   

To quote the Union's directives:

"All existing valid visas issued by India to Pakistani nationals stand revoked with effect from 27 April 2025.

Medical visas issued to Pakistani nationals will be valid only till 29 April 2025.

All Pakistani nationals currently in India must leave India before the expiry of visas, as now amended."

Yesterday, when the present case was mentioned, Justice Kant told the petitioners' counsel to refer to an order passed by the Jammu and Kashmir and Ladakh High Court in a similar case, saying it could help him. Considering the urgency highlighted, the Court agreed to hear the case today.

The petition was filed through AoR Dr Nanda Kishore.

Case Title: AHMED TAREK BUTT v. UNION OF INDIA, Diary No. 23301/2025

Click Here To Read/Download Order

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