Home Ministry asserts judiciary's limitations on deportation decisions
The Ministry of Home Affairs (MHA) isn't on board with the Jammu and Kashmir High Court's call to repatriate a Pakistani woman who was deported after the Pahalgam terror attack.
The MHA says decisions about deportation are up to the government, not the courts, especially since India and Pakistan don't have an extradition treaty—so bringing her back isn't legally or diplomatically possible.
Woman lived in India for 38 years
The woman had lived in India for 38 years on a long-term visa, which was canceled after the attack.
Even though she married an Indian citizen, the MHA points out that marriage alone doesn't guarantee residency under Indian law.
They're also worried that letting courts decide on these cases could set a tricky precedent and impact national security rules going forward.