By The Sampadak Express
The Supreme Court has granted temporary relief to a family facing deportation to Pakistan, directing authorities not to take coercive action against them until a decision is made on the verification of their identity documents.
A bench comprising Justices Surya Kant and N Kotiswar Singh observed that the matter involved significant humanitarian considerations. The court instructed the authorities to verify the family’s documents such as passports, Aadhaar cards, and PAN cards without specifying a deadline for completing the process.“
In the peculiar facts and circumstances of this case, the authorities may not take coercive action until an appropriate decision is taken. If the petitioners are dissatisfied with the final outcome, they are free to approach the Jammu and Kashmir and Ladakh High Court,” the bench stated. The court also clarified that this order should not be treated as a precedent.
The family, currently residing in Kashmir with sons working in Bengaluru, faced deportation in the wake of the recent Pahalgam terror attack that claimed 26 lives. The Centre had subsequently issued a notification on April 25 revoking the visas of Pakistani nationals, with certain exceptions, and outlined timelines for deportation.
Appearing for the family, Advocate Nanda Kishore asserted that the family possessed valid Indian identification documents. He claimed the Srinagar-based members were abruptly taken into custody and transported to the Wagah border, “on the verge of being expelled from the country.”
During the hearing, Justice Surya Kant questioned how the father entered India, noting claims that he was originally from Pakistan. In response, the family’s counsel stated that he arrived in 1987 on a valid visa and had surrendered his Pakistani passport at the border. One of the sons, speaking virtually, added that their father entered from Muzaffarabad in Kashmir.
Solicitor General Tushar Mehta, representing the Centre, argued that the family had overstayed their visa and should first approach the relevant authorities for verification. He assured the court that no coercive measures would be taken until a decision was made.
The petition was filed by Ahmed Tarek Butt and five members of his family, who alleged they were being deported despite holding valid Indian documents. The Supreme Court directed that the matter be resolved promptly and left the door open for further legal recourse.
