High Court Disposes of Centre’s Appeal, Clears Way for Return of Pakistani National on Visitor Visa

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has disposed of two Letters Patent Appeals filed by the Union of India against an interim order of the Single Judge Bench that had directed the Ministry of Home Affairs to facilitate the return of a Pakistani national, Rakshanda Rashid, who had earlier been deported from India.

The High Court bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, recorded the stand of the Union Government and noted that a visitor visa would be granted to the respondent, enabling her to return to India.

Rakshanda Rashid, a Pakistani citizen residing in Islamabad, had first entered India on February 10, 1990, on a 14-day visitor visa via the Attari border in Amritsar. Over the years, she was granted Long Term Visas (LTVs) on an annual basis, during which she disclosed that she had married an Indian national. Her most recent LTV was valid until January 13, 2025, and she had applied for its extension on January 4, 2025.

However, following the Pahalgam terror attack, the Ministry of Home Affairs issued a directive on April 25, 2025, under Section 3(1) of the Foreigners Act, 1946, cancelling all valid visas with immediate effect, subject to certain exceptions. On April 28, 2025, Rakshanda was served with a Leave India Notice issued by the Criminal Investigation Department (Special Branch, Jammu), instructing her to exit the country by April 29. She was issued an exit permit and escorted to the Attari-Wagah border, from where she crossed into Pakistan.

Challenging this action, Rakshanda filed WP(C) No. 1072/2025 before the High Court, seeking a stay on the deportation order and requesting to be brought back to India. On June 6, 2025, the Single Judge Bench ordered the Ministry of Home Affairs to facilitate her return within ten days. The Centre, aggrieved by the order, filed the LPAs now decided by the Division Bench.

During hearings held on July 2 and July 22, 2025, the Solicitor General of India, Tushar Mehta, appearing for the Union Government, informed the Court that discussions were ongoing with the competent authorities to find a possible resolution, considering the unusual circumstances surrounding the case. On July 30, the Solicitor General informed the Court that a decision had been taken in principle to grant a visitor visa to Rakshanda. He added that she may, if advised, pursue her pending applications for Indian citizenship and for a long-term visa through appropriate channels.

Rakshanda’s counsel, senior advocate Surinder Kour, confirmed on instructions that her client agreed to the resolution proposed by the Centre and was willing to treat the writ petition as withdrawn. The Court, taking note of the consensus between both parties, formally disposed of the appeals and recorded that the writ petition be deemed withdrawn. Consequently, the earlier interim order issued by the Single Judge was rendered inoperative.

The Division Bench also clarified that the Centre’s decision to grant a visa was based strictly on the “peculiar facts and circumstances” of the case and would not serve as a precedent for any similar matter in future.