Supreme Court Protects Family from Deportation to Pakistan
On Friday, the Supreme Court provided temporary relief to a family of six, halting their deportation to Pakistan. They will remain in India while their claims regarding the surrender of their Pakistani passport and possession of Indian identity documents are verified.
A bench comprising Justices Surya Kant and N. Kotiswar Singh did not set a specific deadline but instructed authorities to confirm the authenticity of various documents like passports, Aadhaar cards, and PAN cards, along with other relevant information.
“In this unique situation, authorities should refrain from taking strict action until a proper decision is made. If the petitioners are unhappy with the final outcome, they can approach the Jammu and Kashmir High Court,” the bench stated.
This ruling comes shortly after the central government announced a directive on April 25 that revoked visas for Pakistani nationals effective April 27.
The petitioner, Ahmed Tarek Butt, claims to be an Indian citizen with valid documents, including an Indian passport and Aadhaar card. He informed the court that his family had been detained and was facing deportation at the Wagah border.
Butt’s lawyer, Nanda Kishore, explained that Butt arrived in India in 1987 with a visa. He later surrendered his Pakistani passport for an Indian one. His two sons reside and work in Bengaluru, while his wife and daughter live in Srinagar, Jammu and Kashmir.
The court noted that since the petitioner’s claims need verification, it decided to close the case while urging authorities to look into the documents mentioned. “We hope the relevant decisions will come quickly,” the court remarked.
However, Tushar Mehta, the solicitor general representing the government, mentioned that the family had overstayed their visa. “Let them engage with the authorities. I don’t want to object now, but overstaying typically doesn’t grant one protection. We must avoid establishing a precedent,” he added.
The petitioners’ lawyer described the situation as “shocking,” highlighting that despite holding legitimate Indian documents, they were being told to leave the country within two days. “This petition seeks protection for our life and liberty. We are facing possible expulsion, even though our Indian passports remain valid,” he stated.
The court suggested that it would be more appropriate for the petitioners to reach out to the Jammu and Kashmir High Court, which is better equipped to verify their documents. The court also mentioned, “If the petitioners are not satisfied with the authorities’ final decision, they can approach the Jammu and Kashmir High Court.”
The government’s directive on April 25 was issued following a recent terrorist attack in Pahalgam, Jammu and Kashmir, that tragically resulted in the deaths of 26 people.
