Human Values And Rights Sacrosanct: Jammu & Kashmir And Ladakh HC Directs Retrieval Of Youth Forcibly Deported To Pakistan

Emphasizing "sacrosanct human values and rights," the Bench ordered the Ministry of Home Affairs to facilitate the youth's return within eight weeks to allow him to pursue his legal residency and citizenship claims.

The Bench of Justice MA Chowdhary observed, “Having regard to the fact that the petitioner’s son Aasim Sajjad aka Fardin Sajjad had been staying with the petitioner in District Rajouri on a LTV, which was being extended on a yearly basis and that his mother who was a Pakistani national with whom he had travelled to India to stay with the father’s family expired in Gujjranwala Pakistan, and that there was none to look after petitioner’s son, also that he had not only applied for extension of LTV but also for grant of Indian Citizenship for his father (petitioner herein) being an Indian Citizen, this court, is of the considered opinion that having regard to the sacrosanct human values and rights, the court must step in to pass certain directions.”

Senior Advocate Aseem Sawhney appeared for the Petitioners, whereas DSGI Vishal Sharma appeared for the Respondents.

The petitioner, Sajjad Ahmed, a government teacher from Rajouri, J&K, married a Pakistani national, Shabnam Kouser, in 2005. Their son, Fardin Sajjad, was born in Pakistan in 2006. In 2007, the mother and son came to India on valid Pakistani documents and a visa. The authorities granted them several visa extensions over the years.

Tragedy struck in 2013 when the petitioner’s wife died from a fatal illness in India. After her death, the petitioner continued to seek visa extensions for his minor son, which were granted until April 2015. The petitioner also applied for Indian citizenship for his son under Section 5(1)(d) of the Citizenship Act, 1955. However, the government did not take a final decision on the citizenship or further visa extensions.

On April 29, 2025, J&K Police raided the petitioner's house and forcibly took the son to the Wagah Border, where they deported him to Pakistan.

The petitioner argued that this deportation was illegal and was done without following due process. The respondents claimed the son was staying without a valid visa and that his deportation was a lawful exercise of sovereign power. They also noted that the citizenship application was marked as "not received yet" on their portal.

The Court referred to a similar case, Rakshanda Rashid v. UOI, where a deported individual was allowed to return to India to pursue citizenship and visa claims. Given that the youth had lived in India since he was a small child and had no one to care for him in Pakistan, the Court emphasized the importance of human rights and values.

It ordered, “Viewed thus, the petition is, thus, disposed of with the following directions to the respondent-Ministry of Home Affairs through Secretary to Govt, of India to consider: (i) to retrieve the petitioner’s son, namely Aasim Sajjad aka Fardin Sajjad pursuant to ‘Leave India Notice’ dated April 25, 2025 served upon him, so as to pursue his application for extension of long term visa and the application for citizenship filed under Section 5 (1) (d) of Citizenship Act, 1955; and (ii) to grant of citizenship in favour of petitioner’s son having been applied by him vide MHA File No.2024030441 as claimed by the petitioner.”

Accordingly, the Petition was disposed of.

Cause Title: Sajjad Ahmed v. Union of India and Ors. [Neutral Citation: 2026:JKLHC-JMU:838]

Appearances:

Appellants: Senior Advocate Aseem Sawhney, Advocate Mohd. Shabab Malik, Advocate Tehseena Bukhari, Advocate Mohd. Kashif Malik, Advocate Khushboo Sharma, Advocate Anil Kumar, Advocate Aafia Malik.

Respondents: Deputy Solicitor General of India Vishal Sharma, Senior Additional Advocate General Monika Kohli, Central Government Standing Counsel Eishan Dadhichi, Central Government Standing Counsel Karan Sharma.

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