New Delhi, 2 May

The Supreme Court on Friday directed authorities not to deport to Pakistan six members of a family, who allegedly overstayed their visa, till their citizenship claim is verified.

A bench of Justices Surya Kant and N Kotiswar Singh without fixing any specific timeline asked the authorities to verify the identity documents such as passports, Aadhaar card, pan card, etc., of the family and other relevant facts, which are brought to their notice.

"In the peculiar facts and circumstances of this case, authorities may not take coercive action till an appropriate decision is taken. If petitioners are dissatisfied by the final decision, they can approach J&K&L HC. Order not to be treated as precedent," the bench said.

The family, which lives in Kashmir and whose sons work in Bengaluru, faced deportation to Pakistan following the Pahalgam terror attack in which 26 people lost their lives.

Observing that the issue involves a human angle, the bench gave the family the liberty to approach the Jammu and Kashmir high court in case they are aggrieved by the document verification order.

Advocate Nanda Kishore, appearing for the family, claimed they had valid passports and Aadhaar cards.

He said the family members in Srinagar were bundled into a jeep and ferried the Wagah border and now were at the "threshold of being thrown out of the country".

The bench while directing the authorities to verify all the documents said that a decision be taken at the earliest, though no time limit was fixed.

Justice Kant asked the petitioner’s counsel, "How did the father come to India? You have said he was in Pakistan."

Kishore said he came to India in 1987 on a valid visa and surrendered the Pakistani passport at the border.

One of the sons, who was appearing virtually, claimed the father came to India from Muzaffarabad, from the other side of Kashmir.

Solicitor general Tushar Mehta, appearing for the Centre, said it would be appropriate that the petitioners approach the authorities concerned first so that their claims were verified.

"Let them approach the authorities," Mehta said while assuring the bench that no coercive action would be taken against them till a decision was was arrived at on the documents.

"It was a case, where these people have overstayed the visa," he submitted.

The bench, however, said the oral undertaking might pave way to uncertainties.

The top court was hearing a plea by Ahmed Tarek Butt and his five family members who claimed they were detained and taken to the Wagah border for deportation to Pakistan despite having valid Indian documents.

The bench noted that following the Pahalgam attack, the Centre in a notification dated 25 April has revoked the visa of Pakistani nationals except for those provided in the order itself and gave a specific timeline for their deportation.