New Delhi, May 2 (UNI) In a significant order, the Supreme Court on Friday granted interim protection to a Srinagar-based family facing the risk of deportation to Pakistan following the Pahalgam terror attack that occurred on April 22.
A bench comprising justices Surya Kant and NK Singh directed the authorities not to take any coercive action, including deportation, against the family until a decision is made after verifying their claims of Indian nationality.
The family, which includes a married couple and their four children, contended that they are Indian citizens and possess valid government identification such as Aadhaar cards, PAN cards, voter IDs, and Indian passports.
Tensions between India and Pakistan escalated after the Pahalgam attack, prompting the Indian government to suspend visa services for Pakistani nationals and mandate that all Pakistani citizens leave the country by April 27.
Despite this, the petitioner-family family alleged that they were detained unjustly, even though one of them had long surrendered his Pakistani passport and settled in India.
Advocate Nanda Kishore, representing the family, informed the Court that while one family member works in Bangalore, the rest are settled in Srinagar.
The bench emphasized the need for proper verification of the family's documents before any action is taken.
“Besides the human element, there are issues which need to be verified. Since the factual plea requires verification, we dispose of the matter without expressing anything on merits, with a direction to authorities to verify the documents and any other relevant facts brought to their notice.”
The court instructed that an appropriate decision be taken by the authorities at the earliest, while refraining from prescribing a fixed timeline. The bench made it clear that if the family is not satisfied with the outcome, they may approach the Jammu and Kashmir High Court for further relief.
“This order shall not be treated as a precedent as it is in the peculiar facts and circumstances of this case,” the Court added.
Solicitor General Tushar Mehta, appearing for the Union government, suggested that the family approach the relevant authorities for redress.
However, the petitioner’s counsel maintained that the entire family had been arrested despite being Indian citizens.
The court closed the matter, leaving it to the authorities to verify the family’s claims. Until such verification is completed and a final decision made, no deportation or other coercive action shall be undertaken against them.
UNI SNG PRS