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Extraordinary Relief by J&K High Court: Orders Repatriation of 63-Year-Old Woman Deported to Pakistan

24 Jun 2025 11:58 AM - By Shivam Y.

Extraordinary Relief by J&K High Court: Orders Repatriation of 63-Year-Old Woman Deported to Pakistan

The High Court of Jammu & Kashmir and Ladakh recently directed the Central Government to bring back 63-year-old woman Rakshanda Rashid, who was recently deported to Pakistan following the Pahalgam terrorist attack.

This order was passed by Justice Rahul Bharti on June 6, 2025, considering the exceptional facts and circumstances of the case. The petition was filed by Rakshanda Rashid’s daughter, Falak Zahoor, highlighting that her mother had been living in India for nearly four decades and held a Long-Term Visa (LTV).

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The petition stated that Rakshanda Rashid was deported to Pakistan forcibly without any formal deportation order, even though she was suffering from multiple ailments and had no one to care for her in Pakistan.

"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 and therefore, this Court is coming up with a direction to the Ministry of Home Affairs, Government of India to bring back the petitioner from her deportation."
— Justice Rahul Bharti, Jammu High Court

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The Court also observed that since the petitioner had a Long-Term Visa at the time, her deportation might have been unjustified without proper consideration of her case.

"This Court is bearing in mind background that the reference that the petitioner was having LTV status at relevant point of time which per-se may not have warranted her deportation but without examining her case in better perspective and coming up with a proper order with respect to her deportation from the authorities concerned, still she came to be forced out."
— Court Observation

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Considering the exceptional nature of the situation, the Court directed the Government of India to ensure the return of Rakshanda Rashid to Jammu & Kashmir, India, so that she may be reunited with her husband Sheikh Zahoor Ahmed.

The Court fixed the next hearing on July 1, 2025, and directed the authorities to file a compliance report on that date. It also ordered that a copy of this order be provided to the DSGI under the seal and signature of the Bench Secretary.

Case Title: Rakshanda Rashid Through Falak Zahoor vs. Union of India

For Petitioner: Advocate Himani Khajuria

For Union: Deputy Solicitor General Vishal Sharma