KARACHI: The Sindh High Court on Tuesday directed the federal and provincial authorities to ensure that any future action to repatriate illegal foreigners to their countries be undertaken only after affording an opportunity of hearing and adherence to principles of fairness and proportionality.
A two-judge constitutional bench of the SHC headed by Justice Adnan-ul-Karim Memon noted that an administrative measure taken for limited purpose of verification cannot be converted into a perpetual deprivation of property, livelihood and business rights.
The bench was hearing a petition filed by a citizen against sealing of his filling station and cattle farm over allegation of being a front man of Afghan nationals.
Citing the ministry of interior, chief secretary of Sindh, secretary of home department, Karachi commissioner, deputy commissioner (South) and others as respondents, the petitioner asserted that under the federal government’s policy about identification and repatriation of illegal foreign nationals, his properties were arbitrarily included in a list of suspected properties allegedly linked with Afghan nationals.
Bench asks officials to unseal a citizen’s properties after verification completed by relevant authorities
An assistant attorney general argued that the properties had been sealed under the illegal foreigners’ repatriation plan based on its alleged classification as a category-II (benami) properties linked with an Afghan national.
The AAG also asserted that pursuant to an earlier court order, cross-verification process about the subject properties was completed after seeking reports from the National Database and Registration Authority, Federal Investigation Agency, Federal Board of Revenue, intelligence agencies and other relevant authorities and now, the matter was placed before the authorities concerned for necessary verification and further action in accordance with law.
The bench in its order said that earlier, the court had ordered a comprehensive verification to ascertain the petitioner’s citizenship status, source of acquisition of properties and alleged connection with a foreign national.
It also stated that the report filed by Nadra has categorically verified the genuineness of the petitioner’s CNIC and family record and prima facie no material has been placed before the court by respondents to rebut such verification or establish the petitioner as a front man or benamidar of any foreign national.
Therefore, the bench also noted that the very basis on which the subject properties were sealed stood substantially weakened, but this was for respondents to verify and take action in accordance with law.
“The continued sealing of the properties, despite completion of the verification exercise and absence of any adverse finding against the petitioner, cannot be sustained indefinitely. An administrative measure taken for a limited purpose of verification cannot be converted into a perpetual deprivation of property, livelihood and business rights. It is settled that any restriction imposed by the state must have lawful authority, must satisfy the principle of due process and must remain proportionate to the object sought to be achieved”, it added.
It said that continuous closure of such lawful business activities of the petitioner has directly affected his right to carry on lawful trade as guaranteed under Article 18 of the Constitution.
It also stated that denial of access to the cattle farm, where around 100 animals were maintained, raised serious concerns about humane treatment.
The bench further noted that despite verification in favour of petitioner, the continued inaction of authorities amounts to arbitrary exercise of administrative authority and was inconsistent with the constitutional guarantees of due process, protection of property and right of lawful business.
Accordingly, it directed the respondents to take immediate steps for de-sealing of the subject properties and restoring lawful access to the petitioner.
“The respondents shall also ensure that any future action under the illegal foreigners repatriation plan is undertaken only after due notice, opportunity of hearing and adherence to principles of fairness and proportionality,” it added.
While disposing of the petition, the bench said that the issues related to alleged misconduct of officials concerned and proceedings arising out of a FIR must remain subject to determination by the competent forums in accordance with law.
Published in Dawn, July 15th, 2026