On May 2, 2025, the Supreme Court of India directed the Central Government to verify the citizenship claims of six individuals facing imminent deportation to Pakistan. The family, reportedly targeted under recent visa revocation orders issued in the wake of the Pahalgam terror attack, approached the Court fearing forcible expulsion.
A bench comprising Justice Surya Kant and Justice N. Kotiswar Singh took note of the petitioners’ claim that they are Indian citizens, possessing valid passports and Aadhaar cards. They urged the Centre to examine the authenticity of their documents and other relevant facts before initiating any deportation proceedings.
“Authorities may not take coercive action till an appropriate decision is taken,” the Court ordered, while clarifying that its directions were limited to the facts of the present case and should not be treated as a precedent.
Court Disposes Writ Petition, Grants Liberty to Move J&K HC
Disposing of the writ petition, the bench granted the petitioners the liberty to approach the High Court of Jammu & Kashmir and Ladakh if they are dissatisfied with the Centre’s eventual decision. The Court, however, did not impose a fixed timeline for the government’s action.
The petitioners’ counsel, Advocate Dr. Nanda Kishore, submitted that the family—comprising two sons working in Bangalore and parents and sisters residing in Srinagar—are Indian nationals. He alleged that the family members in Srinagar had already been escorted to the Wagah border, and were “on the verge of being expelled from the country.”
Court Questions Lack of Full Disclosure
During the hearing, Justice Kant questioned the family’s background, particularly the father’s prior stay in Pakistan. The son, appearing via video conferencing, responded that the father had come to India from Muzaffarabad in 1987, surrendering his Pakistani passport at the border.
The Court expressed displeasure that these details were omitted from the writ petition, hinting at incomplete disclosure.
Centre Opposes Judicial Restraint on Deportation
Solicitor General Tushar Mehta, representing the Union of India, submitted that the petitioners should first approach the authorities, who would be in a position to verify their claims. When the bench was inclined to restrain deportation through its order, the SG requested the Court to avoid making such an observation.
The Solicitor General orally assured the Court that the petitioners’ interests would be protected. However, the bench chose to record its own direction, noting that an oral undertaking might lead to “uncertainties.”
Backdrop: Aftermath of Pahalgam Attack and Centre’s Deportation Order
The petition emerged against the backdrop of the April 22, 2025 terrorist attack in Baisaran Valley, Pahalgam, Jammu and Kashmir, which killed 26 tourists. Following the attack, the Union Government issued sweeping measures aimed at removing Pakistani nationals from Indian soil.
The Ministry’s directive, dated April 24, included the following provisions:
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Revocation of all valid Indian visas issued to Pakistani nationals, effective April 27, 2025.
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Medical visas remained valid only until April 29, 2025.
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All Pakistani nationals were required to leave India before their visa expiry, as per the new deadlines.
The petitioners claimed to be unfairly caught in the net of this broad policy, despite asserting their long-standing Indian citizenship.
Reference to Similar High Court Matter
At an earlier mention of the case, Justice Kant had advised the petitioners’ counsel to review a related order by the Jammu & Kashmir and Ladakh High Court, suggesting it may assist the present case. Taking cognizance of the urgency involved, the bench advanced the hearing to the next day.
Case Details
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Case Title: Ahmed Tarek Butt v. Union of India
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Diary No.: 23301/2025
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Filed Through: Advocate-on-Record Dr. Nanda Kishore
