Srinagar, June 25, 2025: In a powerful move emphasizing the sanctity of human rights, the Jammu and Kashmir and Ladakh High Court has directed the Union Ministry of Home Affairs (MHA) to facilitate the return of 63-year-old Rakshanda Rashid, who was deported to Pakistan in the wake of the April 22 Pahalgam terror attack. Rakshanda had been living in India for 38 years on a long-term visa (LTV), making her removal from the country deeply controversial and legally questionable.
The court’s directive, dated June 6, has given the MHA a 10-day deadline to repatriate Rakshanda and file a compliance report by July 1.
A Daughter’s Plea, A Court’s Compassion
The legal action was initiated by Rakshanda’s daughter, Falak Zahoor, while her husband, Sheikh Zahoor Ahmed, provided compelling testimony about her condition. According to Ahmed, Rakshanda suffers from multiple health issues and is alone and vulnerable in Pakistan, with no family or support system to care for her.
Justice Rahul Bharti, presiding over the case, issued the directive with a humanitarian lens, stating:
“Human rights are the most sacrosanct commitment to human life. 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.”
“An SOS-like Indulgence”
Describing the situation as exceptional, the two-page court order acknowledged the urgent nature of the case and the risk to Rakshanda’s life. Justice Bharti emphasized that courts are duty-bound to act decisively in humanitarian crises—even if the legal complexities of the case take time to unravel.
“Given the exceptional nature of facts and circumstances of the case, this court is constrained to direct the Secretary, Ministry of Home Affairs, to retrieve the petitioner and facilitate the reunion of the petitioner with her husband in Jammu,” the court observed.
Post-Pahalgam Deportations Under Scrutiny
Rakshanda was among several individuals deported following the devastating terror attack in Pahalgam on April 22, which claimed the lives of 26 people, mostly tourists. In the aftermath, the government reportedly expelled dozens of individuals living on long-term visas in Jammu and Kashmir, as part of heightened security measures.
However, the blanket action is now under legal and ethical scrutiny. Multiple families who have lived in India for decades on valid documentation are approaching courts, seeking intervention and relief.
Why This Case Matters
This case is not just about one woman. It sets a precedent about how the state balances national security with individual rights. Rakshanda Rashid’s deportation despite her decades-long residence, her failing health, and lack of support in Pakistan, paints a grim picture of the unintended human cost of swift administrative actions.
Justice Bharti’s ruling reaffirms the principle that courts must remain the last bastion of hope in humanitarian crises. The ruling doesn’t shy away from questioning the legality of her deportation, suggesting that even in times of terror and turmoil, constitutional values and due process must not be compromised.
Next Hearing on July 1
The court has scheduled the next hearing for July 1, when the Home Ministry is expected to submit a compliance report detailing efforts to bring Rakshanda back to India.
This case, though rooted in tragedy, has sparked hope among many others who fear being rendered stateless and separated from their families. It is a reminder that amid the shadows of violence, justice can still shine through—with empathy, urgency, and humanity.