Tuesday, 02 January 2024 12:17 GMT

J&K HC Orders Return Of Woman Deported To Pak


(MENAFN- Kashmir Observer) Srinagar- Emphasising that human rights are the most sacrosanct component of human life, the Jammu and Kashmir High Court has directed the Union Ministry of Home Affairs to facilitate the return of a woman deported to Pakistan in the aftermath of the April 22 Pahalgam terror attack.

Justice Rahul Bharti issued the directive while hearing a petition filed by the daughter of Rakshanda Rashid, a Pakistani national married to a resident of Jammu and living in India for nearly four decades on a Long-Term Visa (LTV).

The court observed that Rashid's deportation lacked due legal process and may have been unwarranted, especially considering her age, medical condition, and long-standing family life in Jammu.

In an order dated June 6, the court instructed the Secretary of the Ministry of Home Affairs to ensure that Rashid is brought back within 10 days and reunited with her husband, Sheikh Zahoor Ahmed. The court also directed the Centre to file a compliance report by July 1.

“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,” the court said in its order.

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The petitioner, Rashid's daughter, informed the court that her mother is now stranded in Pakistan without support and is suffering from multiple health ailments. She said the deportation has placed her mother's life at serious risk.

Justice Bharti observed that deportation should not have been carried out without a proper and thorough examination of the woman's visa status and circumstances. The court noted the“exceptional nature” of the case, particularly given the heightened security response following the Pahalgam attack that left 26 people, mostly tourists, dead in Baisaran.

However, it was not immediately clear whether efforts had been made to bring her back or the ministry was going to challenge it in a division bench.

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