The court, however, stated that the MHA order should not constitute a precedent in any manner.
Rashid (62), a Pakistani citizen who married Sheikh Zahoor Ahmed 35 years ago in Jammu, was deported as part of the decision taken by the Indian government to deport Pakistani nationals staying in India in the aftermath of the April 22 Pahalgam terror attack that claimed 26 lives.
Solicitor General Tushar Mehta, appearing for the home ministry, informed the court that after considerable deliberation and in light of the peculiar circumstances of this case, an in-principle decision had been made to grant a visitor visa to Rashid.
The division bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal acknowledged this in its order.
The bench further noted that Rashid can pursue the two applications moved by her regarding acquiring Indian citizenship as well as a long-term visa.
The court recorded the submission of the solicitor general and noted that “once an in-principle decision is taken by the competent authority, there is hardly any doubt that, post compliance of the requisite procedures and formalities, the authority would process and accord a visitor’s visa to the respondent at the earliest”.
The court dismissed Rashid’s writ petition seeking relief from the deportation, saying that as a natural consequence, the impugned interim order loses its relevance and thus ceases to exist and operate.
On July 22, Mehta requested the court to defer the proceedings to enable him to explore whether the respondent could be helped in any manner or if it was still feasible to address her concerns.
In response, Rashid’s counsel, Ankur Sharma and Himani Khajuria, submitted that she was agreeable to the course suggested by the solicitor general.
On June 6, a single-judge bench of Justice Rahul Bharti ordered the Central government to “retrieve” Rashid.
While passing the order, Justice Bharti observed, “This court is bearing in mind the background reference that the petitioner was having long-term visa (LTV) status at the relevant point of time, which per se may not have warranted her deportation, but without examining her case in a better perspective and coming up with a proper order with respect to her deportation from the authorities concerned, she came to be forced out.” Rashid was served with a Leave India Notice on April 28 under Sections 3(1), 7(1), and 2(c) of the Immigration and Foreigners Act, 1946, issued by the Criminal Investigation Department, directing her to leave the country by or before April 29.
She approached the high court and sought interim relief to stay the operation of the order.
However, she was issued an exit permit and escorted to the Attari-Wagah border in Amritsar by the authorities, from where she crossed over to Pakistan.
Rashid, a resident of Jammu’s Talab Khatikan area, has four children who continue to reside in Jammu and Kashmir.
Rashid, daughter of Mohammad Rashid from Namuddin Road in Islamabad, entered India on February 10, 1990, via Attari on a 14-day visitor visa to visit Jammu.
She continued to stay under an LTV granted by the authorities on an annual basis. During her stay, she revealed that she married an Indian national.
“It wasn’t disputed either that her LTV was valid up to January 13, 2025, and she had applied for an extension on January 4, 2025. But no such extension was ever accorded,” the order noted.
Her husband expressed happiness over the decision and thanked the court.
“We are relieved… The entire family was under tension. We were suffering due to the decision (to deport her),” he said.