A three-judge bench of the Supreme Court, led by Justice Sardar Tariq Masood and comprising Justice Yahya Afridi and Justice Ayesha Malik, is scheduled to address a Constitutional petition on December 1, seeking a restraining order against the enforced deportation of Afghan citizens.
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 SC registrar’s 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. Challenging these objections, the appellants, which include former PPP senator Farhatullah Babar and National Democratic Movement Chairman Mohsin Dawar, pursued the matter through an appeal, represented by Advocate Umer Ijaz Gilani.
In their petition, the former PPP senator and others sought a restraining order against the forcible deportation or harassment of individuals born in Pakistan with a legitimate claim to birthright citizenship under Section 4 of the Citizenship Act, 1951. They also referenced the ruling of the Islamabad High Court in the 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 petitioners asserted that the government’s policy lacks a mechanism to differentiate between birthright citizens and illegal immigrants. The federal government has initiated a crackdown on “undocumented” Afghan nationals, essentially those seeking refuge in the country and awaiting legal formalities. Since November 1, 2023, the state has commenced a campaign to forcibly evict around 1.3 million individuals under the pretext of addressing the issue of “illegal migrants,” placing the burden of the country’s worsening economic and security concerns on them.
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