PESHAWAR: Peshawar High Court has stopped law enforcement agencies for a period of 30 days from arresting or deporting two Afghan nationals including a female, suffering from serious ailments, and their family members.
A bench consisting of Justice Salahud Din and Justice Qazi Jawad Ehsanullah disposed of two petitions filed by close relatives of the two patients, directing them to instantly approach competent authorities for the grant of a medical visa or submit an appropriate application before the ministry of interior to seek permission to remain in Pakistan until completion of their medical treatment.
In both the petitions, the bench ordered that upon receipt of such application, competent authorities should consider and decide the same expeditiously strictly in accordance with law and on its own merits after taking into consideration the petitioner medical condition and material place before them.
In the meanwhile, the bench directed, having regard to the petitioners’ ongoing medical treatment, that petitioners should neither be arrested nor deported back to Afghanistan for a period of 30 days from the date of that order, thereby enabling them to avail the remedy as indicated by the court.
Directs petitioners to approach govt for medical visa
One of the petitions was field by an Afghan national, Ubaidullah, presently residing in Swat, claiming that his father Haji Ghulam Rasool had been suffering from liver cancer.
Their counsel Neelam Abrar stated that the patient initially remained under treatment at Saidu Group of Teaching Hospital, Saidu Sharif, for liver cancer.
However, she stated that owing to the progression of the disease to its advanced stage, he was referred to Kings Hospital, Saidu Sharif, where he was presently receiving continuous medical treatment.
She said that the attending medical team clearly advised that treatment was ongoing and critical. She added that medical reports clearly stated that any interruption would result in irreversible deterioration and risk to his life.
The other petition was jointly field by Afghan nationals Dawlat Khan, his ailing wife Sakina and their son Aftab.
Their counsel Naeem Khan stated that the petitioners had legally been residing on the strength of their Proof of Registration (PoR) cards, which was no longer a valid document for residing in Pakistan. He stated that Ms Sakina suffered from brain stroke and was undergoing continuous medical treatment in Pakistan.
He said that her treating physicians advised uninterrupted medication, regular neurological follow-up, and continued medical supervision.
In both the cases, petitioners stated that respondents including federal government and its law enforcement agencies initiated coercive measures for their deportation, which, if carried out, would forcibly interrupt the lifesaving medical treatment of the two patients.
“Whether petitioners should be permitted to remain in Pakistan on medical grounds squarely falls within the domain of competent authorities, who are vested with the statutory power to consider such request in accordance with the applicable immigration laws and policy,” the bench ruled.
“At this stage, this court considers it appropriate to afford the petitioners an opportunity to avail the remedy available to them under the law by approaching the competent forum rather than the court itself adjudicating upon the merit of such request in its constitutional jurisdiction,” the bench maintained.
The assistant attorney general, Said Jamil Shah, appeared for federal government in both the cases and stated that since the PoR cards of petitioners stood cancelled, they had no lawful authority to continue residing in Pakistan.
He said that they were at liberty to approach competent authorities for the grant of medical visa or to seek appropriate permission from the ministry of interior to remain in the country until treatment of the two petitioners.
Published in Dawn, August 3rd, 2026
