J&K&L High Court Orders MHA To Bring Back Minor Deported To Pakistan; Says Humanitarian Concerns Must Guide Sovereign Decisions

The Jammu & Kashmir High Court directed the Union Ministry of Home Affairs to take steps for retrieval of a minor boy who was deported to Pakistan and to consider his application for grant of Indian citizenship, emphasizing the need to balance sovereign powers with humanitarian considerations.The case arose from a writ petition filed by a government teacher from Rajouri whose son, Aasim Sajjad (alias Fardin Sajjad), had been deported to Pakistan in April 2025 pursuant to a “Leave India Notice.”A bench of Justice M.A. Chowdhary noted that the minor had been residing in India since childhood, had pursued his education in the country, and had no meaningful support system in Pakistan after the demise of his mother. The Court further observed that the petitioner, being an Indian citizen, had already initiated the process for grant of citizenship to his son.The Court held that while the State possesses sovereign authority to regulate the entry, stay, and exit of foreign nationals, such power must be exercised in a manner that does not ignore human values and rights, particularly in cases involving minors with deep-rooted connections to India. The petitioner submitted that he had married a Pakistani national in 2005, and their son had entered India in 2007 along with his mother on a valid visa. The child continued to reside in India thereafter and was granted repeated extensions of Long Term Visa (LTV).It was further submitted that the boy's mother passed away in 2013, after which he remained in India under the sole care of his father. The petitioner contended that his son had studied in India and lived a normal life, having minimal connection with Pakistan. Despite multiple applications seeking Indian citizenship under Section 5(1)(d) of the Citizenship Act, 1955, no decision had been taken by the authorities.The petitioner alleged that in the aftermath of the Pahalgam Terror Attack, police authorities forcibly took his son from their residence in the early hours and deported him to Pakistan, leaving him stranded despite his longstanding residence in India and pending citizenship claim.The respondents, on the other hand, contended that the petitioner's son was a Pakistani national whose visa had expired, and therefore, his deportation was an exercise of the sovereign power of the State to regulate entry and stay of foreigners. It was also submitted that the citizenship application had not been formally received through proper channels and would be processed as per law once duly submitted.Taking into account the overall circumstances, the Court directed the Ministry of Home Affairs to consider the case of the petitioner's son for retrieval to India and to process his application for extension of Long Term Visa as well as his application for grant of Indian citizenship under Section 5(1)(d) of the Citizenship Act, 1955.The Court directed that the exercise be undertaken expeditiously, preferably within a period of eight weeks, keeping in view the humanitarian aspect of the matter.The petition was accordingly disposed of.Case-Title: Sajjad Ahmed vs Union of IndiaCitation: 2026 LiveLaw (JKL) 119APPEARANCE: Aseem Sawhney, Sr. Adv.Mr. Mohd. Shabab Malik, Ms. Tehseena Bukhari, Mr. Mohd. Kashif Malik, Ms. Khushboo Sharma, Mr. Anil Kumar & Ms. Aafia Malik, Advocates for PetitionerClick Here To Read/Download Order

J&K&L High Court Orders MHA To Bring Back Minor Deported To Pakistan; Says Humanitarian Concerns Must Guide Sovereign Decisions

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