Latest news with #JammuandKashmirHighCourt
News18
02-08-2025
- Politics
- News18
Pakistani Woman Deported After Pahalgam Attack To Be Granted Visitor Visa; Here's Why
Last Updated: Rakshanda's long-term visa (LTV) had expired in January, prompting her to apply for its renewal. However, she was deported after the Pahalgam attack. A Pakistani woman, who was deported following the Pahalgam attack, will be given a visitor visa, the Union Ministry of Home Affairs told the Jammu and Kashmir High Court. Rakshanda Rashid, 62, who had been living in Jammu for 38 years after marrying a local, was deported after India cancelled the visa of all Pakistani nationals after the terrorist attack in Pahalgam on April 22. Her husband, Sheikh Zahoor Ahmed, is the chairman of the Muslim Front, Jammu. According to advocate Ankur Sharma,"The UT government and Government of India had challenged a previous single-judge order wherein it was directed to bring back Rakshanda from Pakistan within 10 days following her deportation. The authorities have now agreed to issue a visitor visa to her." Rakshanda's long-term visa (LTV) had expired in January, prompting her to apply for its renewal. While the application was still under consideration, the Pahalgam attack occurred. Soon after, in line with the Centre's directive to deport all Pakistani citizens, she was asked to return to Pakistan. He also assured that a visitor's visa will be processed and given to her at the earliest. The division bench noted that once the woman complies with the required process, she may continue to follow up on her two pending applications with the authorities—one for Indian citizenship and the other for a long-term visa. Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! view comments Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
News18
02-07-2025
- Politics
- News18
'Judiciary Should Not Override...': Home Ministry On Pakistani Woman's Deportation, Says Report
Last Updated: In reference to the deportation of a Pakistani woman from Jammu and Kashmir, the Ministry of Home Affairs said the judiciary should not override executive decisions, per a report. More than a week after the Jammu and Kashmir High Court said that a Pakistani woman living in the Union Territory for years should have been protected from deportation during India's retaliatory action, the Ministry of Home Affairs has said that courts must preserve the institutional boundaries necessary for effective governance, The Hindu reported. According to the report, in a Letters Patent Appeal (LPA), the MHA also stated that the 'judiciary should not override" the executive's decision to deport a foreign national. The Ministry said the High Court order was constitutionally impermissible and unsustainable, as it directed the enforcement of a judicial writ beyond the sovereign territory of India to Pakistan, where she was deported and was thus ultra vires, the report claimed. 'There exists no extradition treaty, legal instrument, or international obligation binding Pakistan to return her to India. The Indian government cannot, under existing international law, compel a sovereign nation to surrender a non-citizen," the report quoted the Ministry of Home Affairs as saying. 'Courts must preserve the institutional boundaries necessary for effective governance", and the order, if allowed to stand, would establish a dangerous precedent, the report quoted the MHA. 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 women living with their husbands for a long time in Kashmir were deported by the authorities to Pakistan. On June 24, the Jammu and Kashmir High Court said that a Pakistani woman living in Jammu and Kashmir for years, and having a long-term visa, should have been protected from deportation. Justice Rahul Bharti issued the direction while hearing a writ petition (WP(C) No. 1072/2025) filed by Rashida's husband, Sheikh Zahoor Ahmed. The man challenged his wife's deportation, arguing that she had been living in Jammu and Kashmir 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. Later, the court directed the Ministry of Home Affairs to coordinate her return from Pakistan within 10 days and facilitate her reunion with her husband in Jammu. A compliance report was to be submitted by July 1. THE MHA's APPEAL According to the report, the MHA, in its LPA before the high court, stated that the woman's long-term visa did not exist at the time of the deportation, as her request for its renewal in January this year was rejected. Further, the Ministry said that while passing the order, the single judge 'failed to appreciate the circumstances and the national security considerations and the reasonable apprehension posed by the Pakistani nationals staying in India on account of a war-like situation between India and Pakistan", per the report. It added that the order is 'contrary to the principles of judicial restraint in the matters concerning national security and international relations, particularly in dealing with the nationals of a hostile country." It said the order was 'based on the assumption that marriage to an Indian citizen entitles her to claim a right to reside in India or to have her deportation reopened." The Ministry also stated that 'it is a well-settled law that a foreign national does not acquire Indian nationality or legal residency rights solely by virtue of marriage." 'A foreigner does not possess a fundamental right to reside in India, and their entry and stay are subject to the regulatory control of the state under the Foreigners Act, 1946. Because it is a trite law that a foreign national does not enjoy rights guaranteed under Article 19. The only fundamental right available to a foreigner is under Article 21 of the Constitution of India, which does not confer any right to remain in India once a visa expires or is revoked," the report claimed. top videos View all The Ministry said the order would set a dangerous precedent and 'may be cited by foreign nationals to invoke Article 226 for personal repatriation", and the outcome 'threatens the integrity of constitutional separation and immigration enforcement alike," the report quoted. Location : New Delhi, India, India First Published: July 02, 2025, 08:01 IST News india 'Judiciary Should Not Override...': Home Ministry On Pakistani Woman's Deportation, Says Report
Scroll.in
01-07-2025
- Politics
- Scroll.in
Jammu and Kashmir HC upholds deportation of Pakistani couple living in Srinagar since 1988
The Jammu and Kashmir High Court has upheld the deportation of a Pakistani couple who had been living in Srinagar since 1988. Justice Sindhu Sharma on May 9 dismissed a petition filed by the couple in 1990, saying that they had voluntarily acquired Pakistani citizenship. She noted that as per the Citizenship Act, an Indian national who voluntarily acquires the citizenship of another country ceases to be an Indian citizen. The petition was filed by Mohammad Khalil Qazi and his wife Arifa Qazi. Khalil was born in Srinagar in 1945 and Arifa in 1962. However, after the partition of the country, Khalil, who was a four-year-old child, was stranded along with his parents in Pakistan due to the 1948 India-Pakistan war, and the family acquired Pakistani citizenship. The couple told the court that they got married in Rawalpindi, Pakistan in 1986. Arifa said in her petition that after the marriage, she faced cruel treatment from her in-laws, although her husband remained sympathetic to her. The couple returned to Srinagar on Pakistani passports in July 1988 along with their minor son. They were issued residential permits by the police, which were extended three times for thirty days each. While applying for a fourth extension, the couple also approached the authorities seeking to revive their Indian citizenship. However, in the meantime, an order for deportation was issued against them in 1989. Khalil and Arifa challenged the deportation order in the High Court, which granted a stay on April 25, 1990, till their petition was decided. The two had been living in India since then on the basis of the stay order. The petitioners told the High Court that they had been forced to acquire Pakistani citizenship due to circumstances beyond their control, and so, should not be deported. However, the judge rejected this contention, and said that they had acquired the citizenship of a foreign country of their own volition. 'Their passports and the residential permit issued in their favour are cogent, unequivocal evidence of the fact that the petitioners are not citizens of India and, as such, orders to deport them were valid,' Sharma said in her order. The judge said that Khalil and Arifa had been staying in Srinagar since 1988, and had not placed anything on record to show that they were Indian citizens.
Hans India
24-06-2025
- Politics
- Hans India
J&K High Court orders protection of deported Pak woman; asks Centre to bring her back
Srinagar: 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.
Scroll.in
24-06-2025
- Politics
- Scroll.in
J&K High Court orders government to bring back woman deported to Pakistan
The Jammu and Kashmir High Court has ordered the Union government to bring back a 63-year-old woman to India on humanitarian grounds after she was deported to Pakistan during a crackdown on Pakistani citizens following the Pahalgam terror attack. The order was passed on June 6. Rakshanda Rashid, the petitioner, had lived in Jammu on a long-term visa for 38 years with her husband, a retired government official, and two children, The Hindu reported. She was detained by the Jammu and Kashmir Police and taken to the Attari-Wagah border checkpoint, from where she was deported to Pakistan on April 30. Since being deported, Rashid has been living at a hotel in Lahore, her daughter Falak Sheikh told The Hindu. Rashid has no relatives in Pakistan and may soon run out of the cash she had taken from India, her daughter said. Sheikh told the newspaper that her mother had applied for Indian citizenship in 1996 but the application had not been processed. The petitioner's husband Sheikh Zahoor Ahmed said that Rashid had no one in Pakistan who could take care of his wife, who was suffering from several ailments. According to the court order, Ahmed said that Rashid's 'health and life is at risk with each passing day and [she had been] left to fend for herself as abandoned'. Judge Rahul Bharti said in the order that human rights were 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…' The merits of the case can be adjudicated separately, the judge said. Given the 'exceptional nature of facts and circumstances' of the case, the court ordered the Union home secretary to comply with the order within 10 days. The petitioner's counsel Ankur Sharma told The Hindu that the authorities had not acted on the order so far and Rashid had not yet returned to India. The bench will hear the matter next on July 1, when the government is to file a compliance report. The terror attack at Baisaran near the town of Pahalgam on April 22 left 26 persons dead and 16 injured. The terrorists targeted tourists after asking their names to ascertain their religion, the police said. All but three of those killed were Hindu. Among several diplomatic measures, New Delhi had on April 24 announced that the visas of Pakistani citizens in India would stand revoked from April 27 and that they had to leave the country before the deadline. Following the deadline, the police in many states had deported several Pakistani citizens who remained in the country.
