In a significant development, the Division Bench of the Jammu and Kashmir High Court has stayed the execution of a single-judge bench's order which had directed the repatriation of a 63-year-old woman of Pakistani origin who was deported after the April 2025 Pahalgam terror attack.
The case, titled Union of India vs Rakshanda Rashid Th. Falak Zahoor, 2025, was brought before the Division Bench by the Union Ministry of Home Affairs (MHA) and the Union Territory of Jammu and Kashmir. They challenged the earlier decision dated June 6, passed by Justice Rahul Bharti.
The Division Bench, led by Chief Justice Arun Palli, admitted the Letters Patent Appeal (LPA) for hearing and granted an interim stay on the implementation of the repatriation order until the matter is fully examined.
"Human rights are the most sacrosanct component of a human life...there are occasions when a constitutional court is supposed to come up with SOS-like indulgence..."
— Justice Rahul Bharti
Background of the Case
Justice Bharti, in his June 6 order, had addressed the unique circumstances of the case. He noted that Ms. Rakshanda Rashid had been residing in India for the past 38 years. She had married an Indian citizen and lived on a long-term visa (LTV), which was renewed on an annual basis. Importantly, she had applied for Indian citizenship in 1996, a decision which still remained pending at the time of her deportation.
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The judge observed that her deportation lacked any properly reasoned order from the authorities. Citing this as a violation of her human rights, he had ordered the MHA to take urgent action to bring her back to India from Pakistan.
MHA’s Appeal: Visa and Security Concerns
In response, the MHA argued that the single judge’s order was flawed on legal grounds. It contended that Ms. Rashid’s LTV had expired at the time of deportation, and she did not possess a valid visa to legally remain in the country. Furthermore, following the April 22 terror attack in Pahalgam, the government had revoked all Pakistani-origin visas with few exceptions due to national security concerns.
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According to the government, her removal on April 30 was part of a wider administrative action in the national interest.
Ms. Rashid’s side maintained that she had applied for renewal of her LTV in January 2025, and since there was no formal rejection, she continued to hold a valid visa status. It was further asserted that the deportation took place without any specific or written order being served on her.
The Division Bench’s decision to stay the order brings temporary relief to the MHA, as the matter now awaits a full hearing.
"The Division Bench’s stay acknowledges the seriousness of the national security dimension while also opening the door for a closer legal examination of human rights issues."
— Court Observer
Case-Title: Union Of India vs Rakshanda Rashid Th. Falak Zahoor, 2025
