Jammu and Kashmir High Court's Landmark Ruling on Pakistani Woman's Deportation Raises Human Rights Concerns

The Jammu and Kashmir High Court has issued a pivotal ruling regarding the deportation of a Pakistani woman, emphasizing her long-term visa status and raising critical human rights concerns. The court's decision comes in the wake of a mass deportation following a terror attack, highlighting the need for due process and individual legal considerations. This case not only impacts Rashida but also raises questions about the treatment of other women in similar situations, many of whom lack citizenship rights despite long-term residency. The ruling mandates her return to India, showcasing the court's commitment to human rights amidst complex legal challenges.

By Narendra Chaudhary Jun 24, 2025, 15:00 IST

Significant Court Ruling in Jammu and Kashmir

Srinagar: The Jammu and Kashmir High Court has delivered a ruling that could have significant implications regarding the deportation of a Pakistani woman residing in the region on a long-term visa. The court stated that she should have been safeguarded from expulsion following India's retaliatory measures after the Pahalgam terror incident and 'Operation Sindoor'.

Following the April terror attack in Pahalgam, the Indian government suspended visa services for Pakistani nationals and mandated their departure from the country. After the deadline of April 27, numerous Pakistani individuals were deported.

Authorities deported several Pakistani women who had been living with their husbands in Kashmir for an extended period.

Justice Rahul Bharti issued this directive while addressing a writ petition (WP(C) No. 1072/2025) submitted by Sheikh Zahoor Ahmed, the husband of the deported woman, Rashida.

Ahmed contested her deportation, asserting that her long-term residency in J&K should have exempted her from removal.

The court expressed serious concern regarding Rashida's health and her precarious situation, highlighting that she lacks family support in Pakistan.

Justice Bharti underscored the importance of human rights, stating that they are a fundamental aspect of life, and noted that constitutional courts may need to act with urgency in extraordinary situations.

The High Court criticized the authorities for expelling Rashida without adequate legal examination or a formal deportation order, describing the situation as a mass repatriation that overlooked individual legal circumstances.

Rashida's husband informed the court that she has no one in Pakistan to care for her, emphasizing her severe illness and the fact that she would be alone in a country where she has never lived independently.

The court has instructed the Ministry of Home Affairs to arrange for her return from Pakistan within ten days and to ensure her reunion with her husband in Jammu.

A compliance report is expected by July 1.

Advocate Himani Khajuria represented the petitioner, while Deputy Solicitor General Vishal Sharma represented the Union of India.

This ruling marks a significant judicial intervention, raising critical questions about the treatment of women who entered J&K under previous cross-border rehabilitation initiatives.

The future of many such women, who came as spouses of former militants returning from Pakistan under the J&K government's rehabilitation policy, remains uncertain, as they lack citizenship and travel rights despite having resided in the region for over a decade.