Top Court to decide tomorrow on the deportation of six family members claiming Indian citizenship after Pahalgam attack sparks nationwide crackdown.
New Delh: On May 1: The Supreme Court of India will hear a writ petition on Friday, filed by six members of a family who are facing deportation to Pakistan. This legal challenge comes soon after the recent terror attack in Pahalgam, Jammu and Kashmir, where 26 tourists lost their lives in a tragic shooting incident.
The petition was originally scheduled to be heard on Thursday by a two-judge bench of Justices Surya Kant and N. Kotiswar Singh. However, due to time constraints, the case could not be taken up during the first round of hearings.
Later, when the matter was mentioned again, Justice Surya Kant advised the lawyer for the petitioners to look at a news report that had been published that very day.
This report talked about an order passed by the Jammu and Kashmir and Ladakh High Court, which could possibly help the family’s case. Taking into account the seriousness and urgency of the issue, the bench agreed to list the matter for hearing on Friday.
The family, who have filed the petition, claim they are Indian citizens with valid Indian passports and Aadhaar cards. They argue that they are living lawfully in India. Their case has been presented through their Advocate-on-Record, Dr. Nanda Kishore.
This case has become important not just legally but also from a humanitarian point of view. It highlights the serious legal questions of citizenship, identity, and the right to due process at a time when India and Pakistan are dealing with rising tensions after the April 22 terror attack in Baisaran Valley, Pahalgam.
Following this deadly incident, the Government of India issued a strong directive. All Pakistani nationals staying in India on short-term visas were ordered to leave by April 27. Those who did not follow the order, like the petitioners, are now facing the risk of being deported.
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Earlier on the same day, the same bench of the Supreme Court rejected a public interest litigation (PIL) that had asked for a judicial commission to investigate the Pahalgam attack. The bench clearly said that such issues are the responsibility of the executive branch of the government, not the judiciary.
During the hearing, the bench criticized the lawyer who had filed the PIL demanding an investigation into the attack by a retired judge of the Supreme Court.
Justice Surya Kant firmly asked:
“Don’t file such petitions to demoralise our forces. Since when have judges started conducting investigations?”
This remark made it clear that the Court did not support the idea of involving judges in investigations, especially those that could interfere with the work of the country’s security forces.
Now, the focus shifts to the deportation case filed by the family. With emotions running high after the terror attack and new legal challenges arising, the matter has added a complex and sensitive angle to the national discussion.
The Supreme Court’s decision on this issue will be significant, as it involves not only legal rules but also the fundamental rights of individuals who claim to be Indian citizens.
The case also shows how national security concerns can create sudden and harsh consequences for people living in India, especially when questions about their identity and citizenship status come into question.
Case Title: TAREK BUTT v. UNION OF INDIA
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