HC asks Centre to bring back youth deported to Pakistan, consider citizenship
28/03/2026
JAMMU, Mar 27: The High Court of Jammu & Kashmir and Ladakh has directed the Union Ministry of Home Affairs to retrieve a youth deported to Pakistan and consider his application for grant of Indian citizenship, emphasising humanitarian considerations in such cases.
Justice M A Chowdhary issued the directions while disposing of a writ petition filed by Sajjad Ahmed of Rajouri seeking repatriation of his son Aasim Sajjad alias Fardin Sajjad.
The petitioner was represented by senior advocate Aseem Sawhney along with advocates Mohd Shabab Malik, Tehseena Bukhari, Mohd Kashif Malik, Khushboo Sharma, Anil Kumar and Aafia Malik. The respondents were represented by Deputy Solicitor General of India Vishal Sharma, CGSC Eishaan Dadhichi, CGSC Karan Sharma and senior AAG Monika Kohli.
According to the case, the petitioner had travelled to Pakistan in 2005 where he married a Pakistani national, and his son was born there in 2006. The child later came to India in 2007 and continued to stay with his father in Rajouri on a visa which was extended from time to time.
The court noted that the case has its roots in the historical context of partition, observing, "The partition of Indian Sub-Continent in the year 1947… resulted into creation of two separate States… entailed countless miseries of human tragedy wherein… families had also been divided."
It further recorded that the petitioner's son had been living in India for years and pursuing education, while efforts were made to secure citizenship in his favour.
The petitioner alleged that despite repeated applications, no decision was taken and the youth was deported to Pakistan in April 2025.
The court observed that the youth had been residing in India on a Long Term Visa and had also applied for citizenship, but the matter remained undecided.
Highlighting the humanitarian aspect, the court held, "having regard to the sacrosanct human values and rights, the court must step in to pass certain directions."
Directing relief, the court ordered the Ministry of Home Affairs to retrieve the petitioner's son who had been deported pursuant to a "Leave India Notice" dated April 25, 2025, so that he could pursue his applications for visa extension and citizenship.
It also directed the authorities to consider the citizenship application filed under Section 5(1)(d) of the Citizenship Act, 1955.
"The aforesaid exercise shall be carried out… having human aspect of the matter, preferably within a period of eight weeks," the court said.
The petition was disposed of with directions to the authorities to act expeditiously in the matter.
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