ISLAMABAD: Supreme Court Resumes Hearing on Afghan Deportation Petition
The federal government has informed the Supreme Court that the validity of Proof of Registration (PoR) cards issued to registered Afghan refugees has been extended until June 30, 2025. This update comes as a seven-member constitutional bench, headed by Justice Aminuddin Khan, resumes hearing a petition challenging the mass deportation of Afghan nationals.
The petition, filed by a group of civil society activists including former senators Farhatullah Babar and Mushtaq Ahmad, human rights advocate Amna Masood Janjua, and lawyers Jibran Nasir, Imaan Mazari, and Imran Shafiq, seeks to halt the deportation decision announced by the Apex Committee on October 3, 2023. The petitioners argue that the mass expulsion violates Pakistan’s domestic and international human rights obligations.
Government Assurances
In a report submitted to the court, the federal government stated that registered Afghan refugees, including PoR and Afghan Citizen Card (ACC) holders, would not face detention or deportation. This assurance applies to the 1.3 million PoR holders and 700,000 ACC holders currently residing in Pakistan.
According to a notification issued by the Ministry of States and Frontier Regions on July 22, 2024, the government has committed to ensuring the legal protection of registered refugees. The report, presented by Additional Secretary Interior Nazar Muhammad Bozdar, also revealed that 784,954 undocumented foreigners, including Afghans, have already been repatriated under the first phase of the Illegal Foreigners Repatriation Plan (IFRP).
Petitioners’ Concerns
The petitioners argue that the mass deportation policy disproportionately impacts individuals born in Pakistan, who may have a legitimate claim to citizenship under Section 4 of the Citizenship Act, 1951, as reinforced by the Islamabad High Court’s 2021 ruling in the Hafiz Hamdullah Saboor case. They contend that deporting such individuals contravenes the constitutional guarantee of fundamental rights and international commitments.
The petition also calls on the government to allow the UNHCR and partner organizations to register and process asylum applications from foreigners residing in Pakistan. Furthermore, it seeks court directions for the government to coordinate with law enforcement agencies to safeguard the rights of all individuals currently in the country.
Flaws in Deportation Policy
The petition highlights the lack of a mechanism to distinguish between undocumented immigrants and individuals with a rightful claim to citizenship, accusing the policy of violating constitutional principles outlined in Article 2A. It also raises concerns about the marginalization of vulnerable groups, including those affected by ethnicity, religion, and gender.
The petitioners strongly disagree with the government’s assertion that all foreigners without valid visas are subject to deportation. They argue that many of these individuals were born in Pakistan and remain undocumented due to the government’s failure to issue necessary documentation despite legal provisions and court rulings supporting their claims.
The Supreme Court will decide on the matter as the hearing continues.
