Court halts eviction of Afghan nationals married to Pakistanis,
Islamabad_Supreme Court’s judge Justice Ayesha Malik observed on Friday that Pakistan was bound by the United Nations conventions that safeguarded the rights of refugees.
She said this as a three-member bench comprising Justice Malik, Justice Sardar Tariq Masood, and Justice Yahya Afridi took up a set of petitions challenging the caretaker government’s decision to expel illegal immigrants.
The applications sought restraining orders against the decision.
At the hearing, petitioner Farhatullah Babar maintained that the interim setup does not have the mandate to expel illegal immigrants. The Afghan immigrants who are being expelled have already applied for asylum, he added.
Babar, who belongs to the PPP, said that the court has the prerogative to protect the rights of citizens.
Justice Afridi inquired about the fundamental rights being violated in the current case. Articles 4 (right of individuals to be dealt with in accordance with the law), 9 (security of a person), 10 (right to fair trial) and 25 (equality of citizens) of the Constitution, the petitioner replied.
Justice Masood said: “Should those who have been living [in the country] for the past 40 years stay here? Assist the court on this.”
Meanwhile, Justice Ayesha remarked that Pakistan was bound by the United Nations conventions that protected the rights of refugees.
Later, the court issued notices to the federal government and the apex committee and adjourned the hearing of the case till next week.
Illegal immigrants – including Afghan refugees – started returning home after Pakistan set a November 1 deadline for them to return home or face deportation.
Earlier,
Peshawar High Court approved the applications of as many as 109 Afghan nationals married to Pakistanis and ordered the issuance of Pakistan Origin Card (POC) for them.
A two-member PHC bench comprising Justice Arshad Ali and Justice Waqar Ahmed announced the decision on the application, seeking POC for 109 Afghan nationals.
Thousands of Afghans have gone underground in Pakistan to avoid deportation, fearing for their lives if they return to Taliban-ruled Afghanistan following a hasty and chaotic withdrawal of US-led Western forces in 2021.
Saifullah Muhib Ullah Kakakhel appeared in court on behalf of the petitioner and maintained that any foreign national can avail the rights of a Pakistani through the POC. But the person having such a card cannot have a passport or cast a vote, he added.
Later, the court accepted their applications and ordered that all 109 Afghan nationals should be issued the card.
The court adjourned the hearing for a later date which will be decided by the registrar office and will inform the parties.
There are three types of cards issued to Afghan immigrants living in Pakistan. The Afghan Citizen Card issued by the National Database and Registration Authority allows Afghan nationals to live in the country with the status of a refugee.
The second card offered to refugees is Proof of Registration (PoR) card, offered through the UNHCR, that entitles them to legally remain in Pakistan. The PoR card holders are entitled to receive funding and facilities coming from international aid agencies.
However, Pakistan has the mandate to send back PoR cardholders to their home countries at any time.
The POC holders cannot obtain a Pakistani passport or cast a vote in the elections. They can enjoy all the other rights given to a Pakistani citizen. The POC holders can entre or exit Pakistan without a visa
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