The Jammu and Kashmir and Ladakh High Court bench of Justice Rahul Bharti recently directed the Ministry of Home Affairs to bring back a woman who was deported to Pakistan. Rakshanda Rashid (Petitioner) a Pakistani national living in Jammu for the past 38 years with her family was deported to Pakistan following the Union Government’s directive ordering all Pakistani nationals to leave the country by 27th April 2025. The move was necessitated after the Pahalgam terror carnage in April.

Although the Petitioner had approached the High Court challenging the deportation order, she was repatriated to Pakistan on the same day her case was scheduled for its first hearing.

Appearing for the petitioner was her husband who stated that his wife was suffering from multiple ailments and had no one in Pakistan who could provide for her care and custody. She was reportedly stranded in a hotel in Lahore, where her health and life was at risk as she was left to fend for herself.

On appraisal of facts and circumstances of the case, the High Court observed that immediate intervention was warranted on humanitarian grounds, and that the legal merits of the case could be assessed at a later stage.

“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 noted.

The court also considered the fact that the petitioner has been living in India on a Long Term Visa (LTV). The court observed that her LTV status may not have warranted deportation and that her removal appeared to be a result of a lack of proper assessment by the authorities.

“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.” the court stated.

Accordingly, the court issued a direction to the Ministry of Home Affairs and Government of India to get the petitioner back to India and facilitate the reunion with her husband in Jammu.

“Given the exceptional nature of facts and circumstances of the case whereby the petitioner-Rakshanda Rashid wife of Sheikh Zahoor Ahmed has been purportedly deported to Pakistan in the recent drive undertaken by the Government of India post Pahalgam carnage, this Court is constrained to direct the Secretary, Ministry of Home Affairs, Government of India to retrieve the petitioner back to J&K, India so as to facilitate the reunion of the petitioner with her husband-Sheikh Zahoor Ahmed in Jammu.” the court ordered.

The court further ordered that the needful compliance of the order be carried out within 10 days. The matter is next listed on 1st July 2025 for the submission of a compliance report.

Case Title:- Rakshanda Rashid th. Falak Zahoor vs. Union of India & Ors, WP(C) No. 1072/2025

Advocate for Appellant/Petitioner:- Adv. Himani Khajuria

Advocate for Respondent:- Mr. Vishal Sharma, DSGI