November 02, 2006	Thursday	Shawwal 9, 1427

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ISLAMABAD, Nov 1: The Supreme Court on Wednesday accepted an appeal to determine whether the 1973 Constitution provides equal protection to foreigners who stayed in Pakistan for sometime similar to that of its citizens.

A two-member bench comprising Justice Rana Bhagwandas and Justice Syed Jamshed Ali was hearing an appeal of the federal government against extension of visa in favour of Osman Ali Saad Ellahi, a Sudanese who was also associated with the Islamic Relief Organization.

Osman Ellahi was staying in Pakistan to participate in some relief work for the last six years but the interior ministry refused to further extend his visa when it got expired.

A single bench of the Lahore High Court also upheld the ministry’s order when challenged.

However, an intra-court appeal accepted the contention of the appellant and orders the government to extend the visa. Being aggrieved, the federal government came into appeal before the apex court pleading that Pakistan being a sovereign state could refuse visa to any foreign national without any reason and that the Constitution of Pakistan did not protect the foreigners in the same fashion it protect the citizens besides asking for stay in the country was not a legal right of any foreigner.

While arguing Advocate Dr Babar Awan, representing the Sudanese, quoted Article 4 (1) of the Constitution and stated that equal protection of law to citizens was inalienable right of every citizen and that the same right was also available to foreigners who stayed in the country for some time.

He also quoted recent Waziristan agreement between the federal government and the locals and contended that the government entered into agreement to allow foreigners to stay in that area by relying on the same article.

At this Justice Bhagwandas observed that these were political matters. “The constitution gives solution to all political matters,” Babar Awan said.