'Human rights are most sacrosanct component of human life': Bring back 63-year-old deported to Pakistan after Pahalgam attack, HC tells MHA
JAMMU: The Jammu & Kashmir and Ladakh high court directed the ministry of home affairs (MHA) to bring back a 63-year-old woman, Rakshanda Rashid, who was deported to Pakistan after the Pahalgam terrorist attack.
Justice Rahul Bharti passed the order on June 6 on a writ petition filed by the woman through her daughter, Falak Zahoor, directing the central govt to bring her back within 10 days and file a compliance report on July 1.
Although Rakshanda is a Pakistani national, the HC observed that
human rights
had to be preserved at all costs and ordered her return, after Falak informed the court that her mother was ill and had no one in Pakistan to look after her.
The court took note of the fact that the petitioner had been living in India for nearly four decades.
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'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,' Justice Bharti said.
The HC noted that the petitioner had a long term visa, but she was deported even without a detailed hearing or a formal order.
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Her case should have been considered on merit before taking such an extreme step, it stated.
Rakshanda was forced out of the country on April 30, the same day her plea challenging the deportation was scheduled for hearing.
Earlier on April 30, in a major relief to a police personnel, Ifthkar Ali (45), and his eight siblings, the high court halted their deportation to Pakistan. The authorities brought them back from Punjab to reunite them with their families in Poonch district. The police personnel and siblings had moved court claiming they were not Pakistani nationals and had been living in Salwah village for generations.
Minal Khan, a Pakistani national married to a CRPF jawan, was also granted last-minute relief from deportation by the HC on April 30.
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