On May 2, the Supreme Court directed the Central Government to check the citizenship claims of six individuals who are facing deportation to Pakistan. This direction came in response to a petition filed after the Pahalgam terror attack that killed 26 people in Jammu and Kashmir's Baisaran Valley on April 22.
The petitioners told the Court they are Indian citizens and possess valid documents such as Indian passports and Aadhaar cards. The Court asked the authorities to verify all related documents and any other facts that may come to light.
"Authorities may not take coercive action till an appropriate decision is taken,"
– Supreme Court order
A bench of Justices Surya Kant and N Kotiswar Singh made it clear that this order is not to be treated as a precedent. The bench also stated that no forceful action should be taken against the family until the verification is complete. However, no fixed deadline was set for the government to reach a decision.
The Court allowed the petitioners to approach the Jammu and Kashmir and Ladakh High Court if they are not satisfied with the final outcome of the Centre's decision.
Advocate Dr. Nanda Kishore, appearing for the petitioners, said the family includes two sons working in Bangalore and the rest—parents and sisters—residing in Srinagar. He added that the family was taken in a jeep to the Wagah border and was "at the threshold of being thrown out of the country."
Read Also:- Supreme Court's 2021 Decision on SECC 2011: Why Caste Data Was Not Disclosed
During the hearing, Justice Kant questioned the family’s background.
“How did the father come to India? You have said he was in Pakistan,”
– Justice Surya Kant
The counsel responded that the father entered India in 1987 by surrendering his passport at the border. One of the sons, speaking virtually, added that the father had come from Muzaffarabad, across the Line of Control in Kashmir. The Court expressed concern that these facts were not included in the petition.
Read Also:- Supreme Court: High Court Cannot Rely on Investigation Report to Quash FIR Under Section 482 CrPC
Solicitor General Tushar Mehta argued that the petitioners should first contact the relevant government authorities for their claims to be checked.
“Let them approach the authorities,”
– Solicitor General Tushar Mehta
While the Court was about to mention in the order that the family should not be deported, the Solicitor General intervened and assured the bench that the matter would be handled properly. But the Court decided to include a clear direction to avoid any confusion.
Read Also:- High Court Cannot Use Article 227 To Reject A Plaint: Supreme Court Clarifies Limits
The Supreme Court stated that if the family is unhappy with the final decision of the authorities, they can file a case in the High Court.
This case comes in the wake of strong action taken by the Indian government after the Pahalgam attack. Following the incident, the Centre cancelled all valid visas issued to Pakistani nationals effective from April 27, 2025.
“All existing valid visas issued by India to Pakistani nationals stand revoked with effect from 27 April 2025,”
– Government directive
Read Also:- Supreme Court: Unauthorised Construction Must Be Demolished, Courts Cannot Allow Judicial Regularisation
Medical visas were given a short extension until April 29. The Centre asked all Pakistani citizens staying in India to leave the country before their visa expiry.
This urgent hearing was prompted by the fear of immediate deportation. The case was filed by Ahmed Tarek Butt and others through Advocate-on-Record Dr. Nanda Kishore.
“In the peculiar facts and circumstances of this case, authorities may not take coercive action till an appropriate decision is taken,”
– Supreme Court's operative order
Case Title: AHMED TAREK BUTT v. UNION OF INDIA, Diary No. 23301/2025
