PESHAWAR: The Peshawar High Court on Tuesday disposed of a petition against the ‘harassment’ of Afghans with legal documents to stay in the country after it was told that the federal government would repatriate illegal refugees only.

A bench consisting of Chief Justice Mohammad Ibrahim Khan and Justice Wiqar Ahmad observed that the government declared in a notification that only the unregistered Afghan refugees should leave the country before Nov 1 to prevent deportation.

It observed that as such, the government didn’t announce a crackdown on documented Afghans in the country.

The petition was filed by lawyer Saifullah Muhib Kakakhel, who requested the court to declare that the arrest, detention and harassment of Afghan refugees with proof of registration (PoR), Afghan Citizens cards or other legal documents are illegal and without lawful authority.

Court disposes of plea against ‘harassment’ of documented refugees

He also sought orders for the respondents, including the interior ministry, not to arrest, detain or book Afghans who were entitled to get Pakistan’s citizenship and PoRs.

The petitioner sought orders for the government to formulate a policy for Afghan citizens living in the country and deport only those who were not entitled to be given Pakistan’s citizenship and Pakistan Origin Cards (POCs).

He said the law granted entitled legal Afghans or other migrants to the country’s citizenship or POCs.

Mr Kakakhel said the government had announced action against illegal migrants but the police were arresting even those with PoR and AC cards, which allowed them to stay in the country.

He claimed that the police asked those documented refugees for heavy bribes for release.

The petitioner said Afghan women, who were married to Pakistanis, as well as their children were entitled to Pakistan’s citizenship under Section 10 of the Citizenship Act but even then, they’re harassed.

The chief justice observed that the government had taken the deportation decision for those illegally staying in the country.

Justice Wiqar observed that the government had announced that its decision would not be applicable to legally staying immigrants, so it had to be seen on a case-to-case basis.

The bench decided to dispose of the matter in light of that decision of the federal government.

PETITION BY SINGERS: Three Afghan singers have petitioned the Peshawar High Court seeking orders for the government not to deport them insisting they’ll persecuted in Afghanistan.

In a joint petition, Hashmatullah Omed, Rafi Hanif and Hameed Shahdai said they were singers by profession and lived in Pakistan as refugees.

The petitioners, whose lawyer is Mumtaz Ahmad, claimed that after the takeover of Afghanistan by the Taliban, life for artistes in the country was very dangerous and miserable as the government had announced it wouldn’t tolerate such activities.

They added that like thousands of other Afghans, they fled their country along with families and settled in Pakistan.

The petitioners claimed that they and their families were registered by the UN refugee agency, UNHCR, and were given a token number.

They said Pakistan’s government had adopted the policy of forced return for refugees to Afghanistan in violation of international law, protocols and agreements.

Published in Dawn, October 25th, 2023