Today, On 2nd May, In the Pahalgam aftermath, the Supreme Court has granted interim relief to a family facing deportation to Pakistan, ordering the Centre to verify their citizenship claims and halt any coercive action until confirmed.
New Delhi: The Supreme Court has provided temporary protection to a family from Srinagar who were at risk of deportation from India to Pakistan following the Pahalgam terror attack on April 22nd.
The case arose after the Indian government suspended visa services for Pakistani nationals and ordered all Pakistani nationals to leave India by April 27th, amidst heightened tensions following the Pahalgam attack.
The family, consisting of a married couple and their four children, argued before the Supreme Court that they were wrongly arrested, asserting their Indian nationality and presenting government-issued identification such as Aadhaar cards, PAN cards, and voter IDs.
A Bench of Justice Surya Kant and NK Singh instructed the government to allow the family the opportunity to substantiate their claims before any deportation occurs, and to make a decision on the matter promptly.
The Court stated,
“Besides the human element, there are issues which need to be verified … Since factual plea needs verification, we dispose of the same without expressing anything on merits, with a direction to authorities to verify these documents and any other fact that may be brought to their notice. Let a decision be taken earliest. We are not setting a timeline … In the peculiar facts of this case, let the authorities not take any coercive action against petitioners till an appropriate decision is taken.”
The Supreme Court further stated that should the Indian government decide to proceed with deportation following the verification process, the family retains the right to seek recourse from the Jammu and Kashmir High Court.
The court clarified,
“If petitioner is dissatisfied with final decision, a plea may be made before the Jammu and Kashmir High Court,”
The Bench emphasized that its ruling should not be interpreted as a general legal standard.
The order specified,
“This order shall not be treated as a precedent as it is in peculiar facts and circumstances of this case,”
Advocate Nanda Kishore, representing the family, informed the court that while one member of the family was employed in Bangalore, the remaining members resided in Srinagar.
The court was told that one family member was originally from Pakistan but had relinquished his Pakistani passport some time ago.
Advocate Kishore added,
“We all have valid passports. Aadhaar, voter ID, PAN card have been issued,”
The Bench acknowledged the presence of several factual elements that were beyond the Supreme Court’s capacity to investigate directly.
Justice Kant inquired,
“Why not (go) before the High Court. The only authority who can ascertain correct facts. All issues arise there. High has also granted some relief to some. Why not go to High Court?”
Solicitor General of India Tushar Mehta, representing the Central government, suggested that the family should first approach the relevant government authorities.
The petitioner’s counsel responded,
“But the entire family was arrested,”
The counsel reiterated the petitioners’ claim of Indian nationality.
Ultimately, the Court concluded the matter by directing the Indian government to verify the family’s claims.
The Court added that until the verification is complete, no coercive measures, including deportation, should be taken against the petitioners.
Petitioners claim to be legally residing in India, possessing valid Indian passports and Aadhaar cards.
Their legal challenge is being pursued through Advocate-on-Record Dr. Nanda Kishore.
This legal action is occurring amidst heightened diplomatic and security tensions between India and Pakistan, triggered by the April 22 terror attack in Baisaran Valley, Pahalgam, where 26 tourists were killed by terrorists.
Following the attack, the Indian government issued strict orders requiring all Pakistani nationals on short-term visas to leave India by April 27, or face deportation. While many complied, some, including the petitioners, now face the threat of forced removal.
Earlier the same day, the same court declined to hear a public interest litigation requesting a judicial commission to investigate the Pahalgam terror attack, indicating that such actions are the responsibility of the executive branch.
The Supreme Court strongly criticized the lawyer who filed a petition seeking an investigation into the Pahalgam massacre by a retired judge.
The recent terror attack in Pahalgam, Jammu and Kashmir, which tragically claimed the lives of several innocent civilians.
A tragic terrorist attack took place in Pahalgam, Jammu and Kashmir, On April 22, 2025, which claimed the lives of 28 people. The attackers, believed to be linked to The Resistance Front (TRF), a group associated with Lashkar-e-Taiba, targeted a group of tourists.
They separated men from women and children before shooting them at close range. The victims were chosen because they could not recite Islamic verses, and many were killed at restaurants and in wooded areas.
The attack shocked the nation and raised serious questions about security in the region. The area is popular among tourists and pilgrims, especially during the Amarnath Yatra season, which made the attack even more tragic.
Case Title: FATESH KUMAR SAHU AND ORS. Versus UNION OF INDIA AND ORS., Diary No. 22548-2025
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