In a significant ruling underscoring the primacy of human rights, the Jammu and Kashmir High Court has directed the Union Ministry of Home Affairs (MHA) to facilitate the immediate return of a Pakistani woman, Rakshanda Rashid, who was deported following the April 22 Pahalgam terror attack. The Court emphasized that the woman’s deportation, despite her four-decade-long residence in India and valid Long-Term Visa (LTV) status, was carried out without proper examination or a lawful deportation order.
The order, issued by Justice Rahul Bharti on June 6 and made public recently, came in response to a petition filed by Rashid’s daughter. The petitioner pleaded for her mother’s return, citing her deteriorating health, lack of familial support in Pakistan, and emotional distress following the abrupt separation from her husband, Sheikh Zahoor Ahmed, a resident of Jammu and Kashmir.
“Human rights are the most sacrosanct component of a human life,” the Court observed, adding that constitutional courts must occasionally intervene in an “SOS-like” manner, regardless of the merits of the case, to prevent irreparable harm.
The Court further held that Rashid’s status under a Long-Term Visa at the time of deportation warranted proper consideration before any such action was taken. Her removal appeared to have occurred as part of broader security measures following the Pahalgam terror attack, in which 26 individuals, mainly tourists, were killed in Baisaran.
The bench directed the Secretary of the Union Home Ministry to ensure Rashid’s return within 10 days and facilitate her reunion with her husband in Jammu. The Court also asked the government to submit a compliance report by July 1.
