The Supreme Court prepares to hear a crucial case regarding the deportation of six family members following the Pahalgam Terror Attack.
Case in news:
The Supreme Court of India to hear a plea against deportation over Pahalgam Terror Attack tomorrow .
Case Overview :
Case name: AHMED TAREK BUTT v. UNION OF INDIA,
The Supreme Court of India is set to hear a writ petition filed by 6 family members challenging their deportation to Pakistan after the Pahalgam Terror Attack . The matter was listed before a bench of Justice Surya Kant and Justice N Kotiswar Singh but was not heard in the 1st round . On mentioning Justice Surya Kant suggested reviewing a related Times of India report on a Jammu and Kashmir High Court order in a similar case . Highlighting the urgency the Supreme Court agreed to hear it tomorrow . The petitioners assert that they possess valid Indian passports and Aadhaar cards . The case arises after the 22 nd April Pahalgam Terror Attack in Baisaran Valley where 26 tourists were killed escalating Indo-Pak tensions and prompting the government to order Pakistani nationals on short-term visas to leave by 27th April .
Key Aspects :
- Petitioners challenge deportation despite holding Indian passports and Aadhaar cards
- The Union government issued orders for all Pakistani nationals to leave India post attack .
- The attack in Pahalgam triggered heightened security measures and mass deportations
- A PIL for a judicial commission into the attack was refused by the same bench .
- Petitioners seek legal protection stating valid identity documents .
Legal Insights:
- Petition under Article 32 of the Constitution of India i.e. right to constitutional remedies
- Article 21 i.e. right to life and personal liberty invoked against forced deportation .
- Citizenship Act, 1955 : Determination of nationality based on documents like passports .
- Foreigners Act, 1946 : Governs regulation, registration and deportation of foreign nationals .
- Passports Act, 1967 : Legality of possession of Indian passports by the petitioners .
- International principles of non-refoulement argued to control return to a potentially unsafe country .
Court’s Verdict:
The bench comprising Justice Surya Kant and Justice N Kotiswar Singh has listed the matter for hearing tomorrow and no verdict has been issued yet by the bench .
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