The Union Ministry of Home Affairs (MHA) has filed an appeal challenging a Jammu and Kashmir and Ladakh High Court order that directed the government to bring back Rakshanda Rashid, a 62-year-old woman deported to Pakistan after the Pahalgam terror attack. Rashid had been living in India for nearly 40 years on a long-term visa (LTV).

The MHA submitted a Letters Patent Appeal to a division bench against the June 6 ruling by Justice Rahul Bharti, who had instructed the Union Home Secretary to facilitate Rashid’s return within ten days. On Tuesday, Justice Bharti asked for an update from the MHA and granted an additional ten days for them to respond, noting that there is currently no stay on his earlier order. The case is set to be heard by the Chief Justice’s bench on Wednesday.

According to the MHA, Rashid’s LTV was not valid at the time of her deportation on April 29. However, Rashid stated in her petition that she had submitted a renewal request in January, and it was never officially denied.

Long-Term Visa and Citizenship Application

Following the April 22 Pahalgam terror attack, which killed 26 people, the MHA canceled the visas of all Pakistani nationals and ordered them to leave India by April 29. However, exceptions were made for Pakistani women married to Indian citizens and those holding LTVs—both of which applied to Rashid. She has lived in Jammu for 38 years and has applied for Indian citizenship in 1996, which remains pending.

Alleged Misrepresentation and Forced Deportation

Rashid’s daughter, Fatima Sheikh, said her mother was deported based on incorrect information. The police allegedly stated the LTV renewal application was submitted on March 8, but the family insists it was filed in January. Fatima shared that on April 26, the Foreigners Regional Registration Office (FRRO) confirmed the application was under process, and on May 9, another email said it had been forwarded for higher-level approval. Despite this, Rashid was deported on April 29.

She described the deportation as rushed, claiming the police arrived at 7 a.m., took her mother away to the Attari border without allowing legal consultation, and forcibly deported her. “She has no family in Pakistan and no means to survive,” said Fatima, adding that Rashid has been living alone in a hotel there with no money for the past three months.

As previously reported by The Hindu on June 23, the High Court judge emphasized the exceptional circumstances and had ordered the Union Home Secretary to retrieve Rashid from Pakistan. The judge stated that human rights are paramount and occasionally demand urgent intervention from the courts, regardless of the legal complexities involved.