PESHAWAR: Around 108 Afghan artists have moved Peshawar High Court to seek directives for federal and provincial governments and law enforcement agencies not to deport them to Afghanistan, fearing they would be persecuted there by the Taliban regime.
They have sought declaration of court to the effect that their forcible return or deportation to Afghanistan, in the prevalent circumstances there, would be unlawful and unconstitutional.
The petition was filed by Afghan musicians, singers and artists including Hashmatullah Omid and others, requesting the court to direct the respondents including federal interior ministry and KP home department, in coordination with UNHCR, to ensure registration, documentation and grant of temporary lawful stay to the petitioners, determination of their protection claims pending before different international bodies.
The plea was fixed for hearing before a bench consisting of Justice Sahibzada Asadullah and Justice Wiqar Ahmad, but due to strike by lawyers on account of killing of a senior lawyer in Mardan, proceedings had to be adjourned to Feb 24.
Court puts off hearing due to lawyers’ strike
The petition filed through Advocate Babar Khan Yousafzai includes as respondents federal secretaries of interior and cabinet divisions, National Database and Registration Authority (Nadra) through its director general, director general of immigration and passport, Federal Investigation Agency through its director (headquarters), Khyber Pakhtunkhwa chief secretary, its home secretary, UNHCR through its country representative and International Organisation for Migration (IOM) through its chief of mission.
The petitioners stated that they were artists mainly affiliated with the art of singing and music. They stated that stance of Taliban regarding singing and such like arts was very clear from the day they had taken over power in Afghanistan as they publicly denounced singing and music, banning it completely and persecuting those, who had developed those skills.
They claimed that they were faced with options either to die of hunger as they had no other skill to earn livelihood for their families or flee for their lives and livelihood for their families. They stated that they had opted for the second option and took refuge in Pakistan from persecution, which was at that time welcomed by the Pakistan government.
They alleged that since Taliban takeover in 2021, artists specially singers and musicians and performers had been systematically targeted, silenced and subjected to threats, violence and severe restrictions.
They stated that they were under imminent threat of deportation, which would most certainly lead to their persecution, putting their lives and way of life under grave danger.
The petitioners said that the principle of non-refoulment formed part of customary international law and it prohibited return of individuals to territories where they faced real risk of persecution.
They stated that the tripartite agreement among governments of Pakistan and Afghanistan and UNHCR ensured safety of Afghans taking refuge in Pakistan by granting them refugee status and were immune to forceful repatriation.
However, they said that through a notification of federal interior ministry, Proof of Registration (POR) cards and Afghan Citizens cards (ACC), which once ensured the safety of petitioners, stood expired.
They contended that their case was not ordinary as they not only faced threat to their profession but also to their lives.
They said that prior to approaching the high court, they had approached UNHCR and IOM through their country representative and chief of the mission, respectively, for assistance and protection within their respective humanitarian mandates.
Such representations, they stated, didn’t provide immediate protection against arrest, detention or deportation by state authorities. In the absence of any adequate or efficacious alternative remedy, the petitioners stated that the present petition was the only effective recourse available to them.
Published in Dawn, February 20th, 2026