SC stays deportation of family to Pakistan, orders document verification

New Delhi: On Friday, the Supreme Court directed authorities to halt the deportation of six family members to Pakistan until their citizenship claim is verified.

A bench comprising Justices Surya Kant and N Kotiswar Singh, without setting a specific timeline, instructed officials to examine the family's identity documents, including passports, Aadhaar cards, PAN cards, and other relevant details brought to their attention.

"In the peculiar facts and circumstances of this case, authorities may not take coercive action till an appropriate decision is taken. If petitioners are dissatisfied by the final decision, they can approach J&K&L HC. Order not to be treated as precedent," the bench said.

The family, which lives in Kashmir and whose sons work in Bengaluru, faced deportation to Pakistan following the Pahalgam terror attack in which 26 people lost their lives.

Recognising the humanitarian aspect of the case, the bench granted the family the option to seek relief from the Jammu and Kashmir High Court if they find the document verification order unsatisfactory.

Advocate Nanda Kishore, representing the family, asserted that they possessed valid passports and Aadhaar cards. He further stated that the family members in Srinagar were forcibly transported in a jeep to the Wagah border and were now on the "threshold of being thrown out of the country."

While instructing authorities to verify all relevant documents, the bench emphasised that a decision should be reached promptly, though no specific timeline was set.

Justice Kant asked the petitioner's counsel, "How did the father come to India? You have said he was in Pakistan." Kishore said he came to India in 1987 on a valid visa and surrendered the Pakistani passport at the border.

One of the sons, who was appearing virtually, claimed the father came to India from Muzaffarabad, from the other side of Kashmir.

Solicitor General Tushar Mehta, appearing for the Centre, said it would be appropriate that the petitioners approach the authorities concerned first so that their claims were verified.

"Let them approach the authorities," Mehta said while assuring the bench that no coercive action would be taken against them till a decision was arrived at on the documents.

"It was a case where these people have overstayed the visa," he submitted.

The bench, however, said the oral undertaking might pave the way to uncertainties.

The top court was hearing a plea by Ahmed Tarek Butt and his five family members, who claimed they were detained and taken to the Wagah border for deportation to Pakistan despite having valid Indian documents.

The bench noted that following the Pahalgam attack, the Centre in a notification dated April 25 has revoked the visa of Pakistani nationals except for those provided in the order itself and gave a specific timeline for their deportation.

(inputs from PTI)