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.