PESHAWAR: Afghan nationals in a large number have been approaching Peshawar High Court sine law enforcement agencies (LEAs) have expedited implementation of the government’s illegal foreigners repatriation plan (IFRP).
The high court has now regularly been hearing petitions of different nature specially bail pleas of Afghan nationals arrested for ‘illegal’ stay in Pakistan and charged under Section 14 of Foreigners Act.
Normally the high court has not been providing relief to those arrested Afghans, who possess Afghan Citizen Card (ACC) or Proof of Registration (PoR) card, which are no longer a valid document for their stay here, and are not having any other ground to be released on bail.
However, the court provides relief to several petitioners in exceptional circumstances including that of medical grounds, education, juvenility, marriage with a Pakistani national or pendency of their cases with UNHCR. These Afghan nationals have been filing petitions before different benches of the high court, especially in the principal seat Peshawar and Mingora, Swat.
PHC provides relief to several petitioners in exceptional circumstances
During recent days, the court has rejected bail pleas of scores of arrested Afghan nationals, while declaring that PoR cards and ACC were no longer valid documents for stay in the country. The petitioners mostly claimed that they possessed either ACC or PoR card and their entry and stay in Pakistan was not illegal. The high court has been hearing bail pleas of such Afghan nationals on daily basis.
In several of the cases, a single-member bench 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, 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.
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 regard a notification and SRO were issued by the ministry of interior on Feb 17, 2025, and July 31, 2025, respectively.
“Moreover, as per the explicit language of the aforementioned SRO dated 31.07.2025 by the 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 stood rendered unlawful,” the bench ruled. The same bench granted bail to an Afghan boy of 16 years, who was arrested under Section 14 of Foreigners Act.
Advocate Saifullah Muhib Kakakhel had appeared for the petitioner and contended that under Section 6(3) of Juvenile Justice System Act, 2018, he was entitled to be released on bail.
The bench had observed: “Even assuming that the accused-petitioner was allegedly found residing within the territorial jurisdiction of Pakistan without possessing any valid visa, permit or other lawful travel or residency documentation, the available record indicates that he is a juvenile, approximately 16 and-a half years of age, and is presently a student of 6th class at Muslim Collegiate School, Peshawar.”
It ruled that in the present case, there appeared to be no reasonable apprehension that the release of the accused-petitioner would associate him with criminals or expose him to any such dangers.
Similarly, in another case, the bench granted bail to an Afghan, whose son was suffering from cancer.
“Notwithstanding the merits of the case, this court, in exercise of its judicial discretion, deems it appropriate to consider the peculiar facts and circumstance brought on record, particularly the precarious health condition of the minor so of the accused-petitioner,” the bench observed.
Moreover, the court while disposing of multiple petitions of Pakistani citizens seeking issuance of Pakistan Origin Card (POC) to their Afghan spouses, directed them to approach National Database and Registration Authority (Nadra) for that purpose.
A bench consisting of Justice Wiqar Ahmad and Justice Farah Jamshed issued orders in multiple petitions wherein either the husband or wife was Pakistani national whereas their spouse belonged to Afghanistan.
The bench had also directed law enforcement agencies that in order to safeguard the unity of the family, no coercive action resulting in deportation of any family member (of the petitioner) should be taken until the application (for POC) was finally decided by Nadra or upon expiry of six months from the date of filing of such application, whichever occurred earlier.
The same bench declined to grant relief to around 108 Afghan artists, seeking directives for federal and provincial governments and law enforcement agencies not to deport them to Afghanistan, as they claimed they faced persecution there.
The bench, while disposing of their petition, observed that they might approach the directorate general, immigration and passport, Islamabad, for grant or extension of their visas or permissions for lawful stay in Pakistan by filing proper applications along with relevant documents.
“Perusal of record reveals that petitioners being Afghan nationals have been residing in Pakistan. The controversy in instant case relates to grant of visa, extension of stay or permission to reside within the country, which squarely falls within the exclusive domain of competent executive authorities, including ministry of interior and other designated departments.”
The bench ruled: “This court in exercise of its constitutional jurisdiction cannot assume the role of such authorities or substitute its own determination in matters which require factual inquiry and administrative evaluation. The doctrine of institutional competence demands that matters be decided by the forums specifically created for such purpose.”
Published in Dawn, March 30th, 2026
