PESHAWAR: Peshawar High Court has rejected bail pleas of around 50 Afghan nationals arrested on charges of illegal stay in Pakistan, declaring that Proof of Registration (PoR) cards and Afghan Citizen Card (ACC) are no longer valid documents for staying in the country.

A single-member bench consisting of PHC Chief Justice SM Attique Shah, in almost identical orders, ruled that it was an admitted position that at the time of their arrest, the accused-petitioners were not in possession of any valid documentary authorisation permitting their stay in Pakistan, rather their continued presence in the country had become unlawful.

“Thus, prima facie, the accused petitioners appear to have committed an offence punishable under Section 14 of Foreigners Act, 1946. Moreover, Section 14-A of the Act places a restriction upon release on bail of a non-national, who is residing in Pakistan without permission from the competent authority,” the bench ruled.

Bench rejects pleas of 50 Afghan nationals, orders their repatriation

“This statutory embargo further militates against the grant of the concession of bail in such matters,” the bench said.

The petitioners mostly claimed that they were either ACC or PoR card holders and their stay in Pakistan was not illegal.

The additional attorney general, Sanaullah, produced an SRO and a notification of federal government in relation to the status of PoR card and ACC holders, stating that those cards were no longer relevant.

The bench noted that federal government had initiated steps for the implementation of ‘illegal foreigners repatriation plan’ (IFRP) in respect of PoR card and ACC holders and in that respect an SRO and a notification were issued by the ministry of interior on July 31, 2025 and Feb 17, 2025, respectively.

“Moreover, as per the explicit language of the aforementioned SRO dated 31.07.2025 by federal government, the validity of PoR cards was extended only up to 30th June, 2025, which was the final date of their legal validation,” the bench observed.

“Upon the lapse of the said date, the continued stay of such individuals within the territory of Pakistan stands unlawful. In consequence thereof, district administration, police, prosecution, jail administration and all other relevant authorities are duly authorised through the said SRO to adopt appropriate measures for the arrest, detention, whether in jails or in other suitable premises, and eventual repatriation of all such illegal foreigners,” the bench ruled.

The bench also noted that federal government had invoked different provisions of Foreigners Act, 1946 with respect to PoR card holders.

The bench observed that through the said SRO the government also accorded its consent to, and to order, the repatriation of all such foreigners, who were under trial or undergoing sentence under Section l4-B of Foreigners Act provided that no such foreigner should be repatriated, who was under trial for, or undergoing sentence in respect of any offence other than an offence specified under the Act.

Similarly, about ACC holders, the bench pointed out that the notification of Feb 17, 2025, mentioned that Afghan nationals residing illegally in Pakistan but having ACC should be repatriated to Afghanistan in continuation of the first phase of IFRP.

The said notification provides that voluntary repatriation of ACC holders shall commence from Feb 15, 2025, while apprehensions and deportations will take effect from April 1, 2025.

The bench directed law enforcement agencies and all relevant authorities to take necessary steps to ensure immediate and smooth departure of accused-petitioners from Pakistan and their repatriation to their native homeland in the light of the said SRO and the notification, with the permission of trial court in terms of Section 14-B of Foreigners Act as soon as possible, but not later than one month from the receipt of that order.

The bench directed the prosecution to forward the case of accused-petitioners to trial court for the desired purpose.

“In the event that the repatriation of accused-petitioners is not effected within the stipulated period, the law shall take its course against the delinquent/responsible officials/authorities,” the court ordered. It added that a copy of the order should be endorsed to KP inspector general of police, relevant district police officer, superintendent of prison, deputy commissioners and district public prosecutors for information and strict compliance.

Published in Dawn, March 18th, 2026