‘Sacrosanct Human Values’ above Borders: HC orders Retrieval of Youth Deported to Pakistan

Recently, in a deeply human-centric ruling arising from a cross-border deportation dispute, the High Court of Jammu & Kashmir and Ladakh stepped in to examine whether sovereign deportation powers can override humanitarian considerations, particularly where family unity and pending citizenship claims are at stake. The Court scrutinised the forcible removal of a young man to Pakistan despite his long residence in India, raising critical questions about due process and the State’s obligation to account for “sacrosanct human values” in such actions.

The controversy began when the petitioner’s son, born in Pakistan but brought to India as an infant, continued to reside in Jammu & Kashmir for nearly two decades on extended permissions while his father pursued citizenship and visa regularisation. After the death of his mother, the child grew up entirely in India, completing his education and building his life there. Counsel for the petitioner argued that despite repeated applications for citizenship and visa extension, no decision was taken, and in a sudden turn of events, police authorities forcibly removed the youth from his home and deported him across the border without furnishing any formal order. The Union, on the other hand, defended the action as a legitimate exercise of sovereign power, citing expiry of visa and issuance of a Leave India Notice.

Justice M.A. Chowdhary, however, placed decisive emphasis on the humanitarian dimension of the case, noting the historical context of partitioned families and the peculiar vulnerability of the individual involved. The Court held that “having regard to the sacrosanct human values and rights, the court must step in to pass certain directions.” It found that the youth had lived the entirety of his formative years in India, had no meaningful support system in Pakistan, and had pending applications for legal status that remained unaddressed.

Consequently, the Court directed the Ministry of Home Affairs to retrieve the petitioner’s son from Pakistan, facilitate consideration of his long-term visa and citizenship applications, and complete the process expeditiously, preferably within eight weeks.

Case Title: Sajjad Ahmed Vs. Union of India and Ors

Case No.: WP(C) No. 2460/2025

Coram: Hon’ble Mr. Justice M A Chowdhary

Advocate for the Petitioner: Sr. Adv. Aseem Sawhney, Adv. Mohd. Shabab Malik, Adv. Tehseena Bukhari, Adv. Mohd. Kashif Malik, Adv. Khushboo Sharma, Adv. Anil Kumar, Adv. Aafia Malik

Advocate for the Respondent: DSGI Vishal Sharma, Sr. AAG Monika Kohli, CGSC Eishan Dadhichi, CGSC Karan Sharma

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