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Key Points

In a landmark ruling, the Jammu and Kashmir High Court has ordered the return of Rashida, a Pakistani woman deported despite holding a Long-Term Visa. Her deportation followed the Pahalgam terror attack, during which the Union government suspended visas for Pakistani nationals. Justice Rahul Bharti criticized the lack of legal scrutiny and highlighted human rights concerns. The court has directed the Ministry of Home Affairs to ensure her swift return to reunite with her husband in Jammu.

Key Points: J&K Court Orders Return of Deported Pakistani Woman Rashida

  • J&K Court directs Rashida's return post-deportation
  • Long-Term Visa should have protected Rashida
  • Deportation occurred without proper legal scrutiny
  • Raises concerns over treatment of cross-border spouses
3 min read

J&K High Court orders protection of deported Pak woman; asks Centre to bring her back

J&K High Court demands Rashida's return, challenging her deportation amid post-terror attack actions.

"Human rights are the most sacrosanct component of a human life. - Justice Rahul Bharti"

Srinagar, June 24

In a judgment that might have far reaching consequences, the Jammu and Kashmir High Court said that a Pakistani woman living in J&K for years with a Long Term Visa should have been protected from deportation during India's retaliatory action after the terror attack in Pahalgam and 'Operation Sindoor'.

In the aftermath of the Pahalgam terror attack in April, the Union government had decided to suspend visa services to Pakistani nationals and directed them to leave India. After the deadline ended on April 27, the authorities deported several Pakistani nationals.

Several Pakistani national women living with their husbands since long in Kashmir were deported by authorities to Pakistan.

Justice Rahul Bharti on Monday issued the direction while hearing a writ petition (WP(C) No. 1072/2025) filed by Rashida's husband, Sheikh Zahoor Ahmed.

The husband challenged her deportation, arguing that she had been living in J&K for years and held a Long-Term Visa, which should have protected her from expulsion.

The court expressed deep concern over Rashida's health and humanitarian situation, noting that she had no family or support in Pakistan.

Justice Bharti emphasised that "human rights are the most sacrosanct component of a human life" and said constitutional courts are sometimes compelled to act with "SOS-like indulgence" in exceptional circumstances.

"Without proper legal scrutiny or a formal deportation order, Rashida was expelled during what critics have described as a mass repatriation drive that failed to account for individual legal statuses", the High Court said.

The court noted that Rashida's Long-Term Visa may have made her ineligible for deportation and criticised authorities for acting without due process.

"She has no one in Pakistan for her care and custody," her husband told the court, adding that she was gravely ill and left alone in a country where she had never lived independently.

The court has directed the Ministry of Home Affairs to coordinate her return from Pakistan within ten days and facilitate her reunion with her husband in Jammu.

A compliance report is to be submitted by July 1.

Advocate Himani Khajuria represented the petitioner, while Deputy Solicitor General Vishal Sharma appeared for the Union of India.

This marks the first major judicial intervention, raising serious questions about the treatment of women who had entered J&K under previous cross-border rehabilitation policies.

The fate of many such women, who came here as spouses of former militants returning from Pakistan under the J&K government's rehabilitation policy, remains hanging as they lack citizenship or travel rights despite having lived in the region for over a decade.

- IANS

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Reader Comments

R
Rajesh K.
The court has taken a humane approach, but we must remember national security comes first. After Pahalgam attack, tough measures were needed. Still, individual cases like Rashida's deserve proper scrutiny. Hope govt finds a balanced way forward.
P
Priya M.
This is a landmark judgment! 🇮🇳 Our courts have shown that even in difficult times, we won't abandon basic humanity. Rashida has lived here for years - she's practically one of us. Kudos to the judiciary for upholding constitutional values.
A
Amit S.
Mixed feelings about this. While the woman's situation is tragic, we can't ignore that Pakistan shelters terrorists who attack us. Maybe special committees should review such cases instead of blanket deportations or blanket protections.
S
Sunita R.
As a Kashmiri, I've seen how these cross-border marriages work. Many women came here in good faith and built families. They're stuck in legal limbo for years. Govt should create clear policies instead of knee-jerk reactions. #HumanityFirst
V
Vikram J.
The real issue is our outdated visa policies. We need proper documentation for long-term residents, especially in sensitive areas. This ad-hoc approach creates problems for both security and innocent people. Reform needed!
N
Neha T.
Heartbreaking situation 😢 But let's not forget - would Pakistan show similar compassion to an Indian woman in their territory? Our courts are being more humane than their entire system. Proud of our judiciary's balanced approach.

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