The Supreme Court on Friday granted interim protection to a Srinagar-based family that was facing the risk of being deported from India to Pakistan in the wake of the Pahalgam terror attack of April 22.
Notably, after the Pahalgam terror attack, tensions rose between India and Pakistan and the Indian government decided to suspend visa services to Pakistani nationals. All Pakistani nationals were directed to leave India by April 27.
The family before the top court, however, alleged that they were arrested despite being Indian nationals who held government identification, including Aadhaar cards, PAN cards and voter ID. The family comprised of a married couple and their four children.
A Bench of Justice Surya Kant and NK Singh today asked the government not to deport them to Pakistan before giving them a chance to prove their claims. The government was asked to decide on this aspect at the earliest.
"Besides the human element, there are issues which need to be verified ... Since factual plea needs verification, we dispose of the same without expressing anything on merits, with a direction to authorities to verify these documents and any other fact that may be brought to their notice. Let a decision be taken earliest. We are not setting a timeline ... In the peculiar facts of this case, let the authorities not take any coercive action against petitioners till an appropriate decision is taken," the Court said.
The Court added that if the Indian government decides to deport them after this verification process, the family can approach the Jammu and Kashmir High Court for relief.
"If petitioner is dissatisfied with final decision, a plea may be made before the Jammu and Kashmir High Court," it said.
The Bench also clarified that this ruling should not be treated as a precedent.
"This order shall not be treated as a precedent as it is in peculiar facts and circumstances of this case," the order stated.
Advocate Nanda Kishore represented the petitioner-family before the top court today and informed that while one of the petitioners worked in Bangalore, the rest resided in Srinagar.
One family member had Pakistani roots as he was born there, but he surrendered his Pakistani passport long back, the Court was told.
"We all have valid passports. Aadhaar , voter ID, PAN card have been issued," Advocate Kishore added.
The Bench eventually noted that there were several factual aspects in this case that the Supreme Court was not in a position to examine.
"Why not (go) before the High Court. The only authority who can ascertain correct facts. All issues arise there. High has also granted some relief to some. Why not go to High Court?" Justice Kant asked.
Representing the Central government, Solicitor General of India Tushar Mehta said that it would be better if they approached the appropriate government authorities.
"But the entire family was arrested," the petitioner's counsel replied. The counsel proceeded to reiterate that the petitioners were Indian nationals.
The Court eventually closed the matter by asking the Indian government to verify the family's claims. Until then, no coercive action (which would include deportation) should be taken against the petitioners, the Court added.
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