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Pakistan’s Supreme Court to hear plea against forceful eviction of Afghans
A three-judge bench of Pakistan’s Supreme Court, led by Justice Sardar Tariq Masood and comprising Justice Yahya Afridi and Justice Ayesha Malik, will address a Constitutional petition on December 1, seeking a restraining order against the enforced deportation of Afghan citizens, local media reported on Sunday.
Earlier this month, an appeal was submitted to the apex court requesting a restraining order against the forceful deportation of Afghan nationals from Pakistan.
However, the Supreme Court’s registrar office initially rejected the plea, citing its failure to specify the questions of public importance related to the enforcement of fundamental rights guaranteed under the Constitution, the Express Tribune reported.
The petition was lodged on behalf of several Pakistani senators and human rights activists.
They pleaded before the apex court to restrain the federal government and state institutions from detaining, deporting, or otherwise harassing anyone who possesses a PoR (proof of residence), ACC (Afghan Citizen Card), asylum-seeker application issued by UNHCR or pre-screening slip issued by its partners SHARP and SEHAR.
The petition also pleaded that a directive should be issued, requiring the federal government not to detain, forcefully deport, or otherwise harass anyone born in Pakistan with a claim to birthright citizenship in accordance with Section 4 of the Citizenship Act, 1951, and the ruling of the Islamabad High Court in 2021 case of Hafiz Hamdullah Saboor.
The petitioners’ counsel argued that the “impugned directive” by the “apex committee” of the caretaker cabinet effectively reverses a 45-year-old Pakistani state policy of hospitality and leniency towards refugees, asylum-seekers, and other migrants from the Afghan borders.
The plea contended that the federal government should be directed to allow the United Nations High Commissioner for Refugees (UNHCR) and its partner organisations to register, expedite the processing, and decide on all asylum-seeking applications filed by foreigners currently residing in Pakistan, the Express Tribune reported.
Zalmay Khalilzad, the former US special representative for Afghanistan, has questioned Pakistan’s commitment to the welfare of the Afghan people, citing Islamabad’s policies over the past three decades.
Khalilzad said in a post on X that Pakistani Prime Minister Shehbaz Sharif advocated for the rights of Afghan women during his speech at the UN General Assembly on Friday.
Sharif said: “Fundamental rights of the Afghan people — especially women and girls — must be respected.”
Responding to the remarks, Khalilzad said Pakistan’s policies over the past 30 years raise questions about Sharif’s commitment to Afghan welfare.
He cited Pakistan’s support for militant groups against US forces and what he described as the poor treatment of Afghan refugees as examples.
Khalilzad also said Afghanistan and Pakistan need and should have much better relations, adding that “a reset is necessary.”
India’s Foreign Secretary Vikram Misri met with the UN Secretary-General’s Special Representative for Afghanistan, Rabab Fatima, on the sidelines of the United Nations General Assembly.
Indian Foreign Ministry spokesperson Randhir Jaiswal said in a post on X that Misri underscored the need to keep addressing the humanitarian needs of the Afghan people as a priority.
Misri also appreciated the role of the UN Assistance Mission in Afghanistan (UNAMA) and reaffirmed India’s continued cooperation with the United Nations on Afghanistan.
The meeting comes as Afghanistan continues to face humanitarian and economic challenges, with international agencies warning of significant needs among the Afghan population.
Kazakhstan’s Foreign Minister Mukhtar Tileuberdi has called for pragmatic and coordinated international engagement with Afghanistan, saying the country’s long-term stability is closely linked to the security and sustainable development of Central Asia.
Speaking during the general debate of the 81st session of the United Nations General Assembly in New York on Friday, Tileuberdi said humanitarian assistance to Afghanistan remains essential but alone cannot break the cycle of poverty, displacement and dependency.
He said Kazakhstan supports a “pragmatic, coordinated and step-by-step” approach to international engagement with Afghanistan, with the United Nations playing a central role.
Tileuberdi also said Kazakhstan is working with the UN to operationalize the United Nations Regional Centre for the Sustainable Development Goals for Central Asia and Afghanistan in Almaty.
He said the success of the centre should be measured by the results and assistance it delivers to the region.
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