Supreme Court Petition Challenges Mass Deportation of Afghan Refugees by Pakistani Caretaker Government
A joint petition filed with the Supreme Court of Pakistan is seeking to declare the mass deportation of Afghan refugees by the country’s caretaker government as illegal, unconstitutional, and in violation of fundamental rights. The petition, submitted by Advocate Umer Ijaz Gilani on behalf of several individuals including Senator Farhatullah Babar and human rights activists Amina Masood Janjua and Mohammad Jibran Nasir, calls for a restraining order against the detention, forced deportation, or harassment of individuals possessing valid proof of residence, Afghan Citizen Cards, asylum-seeker applications issued by the UNHCR, or pre-screening slips issued by partner organizations.
The petition also asks for a directive to the federal government to refrain from detaining, forcibly deporting, or otherwise harassing those individuals who were born in Pakistan and have a legitimate claim to birthright citizenship under Section 4 of the Citizenship Act, 1951, and as per the ruling of the Islamabad High Court in the 2021 Hafiz Hamdullah Saboor case.
The petition highlights the failure of the government to differentiate between birthright citizens and undocumented immigrants, a violation of the Hafiz Hamdullah Saboor case ruling. It further argues that the principle of non-refoulement, which prohibits the expulsion of individuals to a state where they may face political persecution, should be upheld. The lack of distinction in the deportation policy, according to the petition, violates the principles enshrined in Article 2A of the Constitution and neglects the potential double marginalization faced by individuals due to factors such as ethnicity, religion, and gender.
The petition also challenges the government’s simplistic view that all foreign residents in Pakistan without valid visas are liable for deportation. It argues that many of these so-called illegal and undocumented refugees were actually born in Pakistan and, as per the Citizenship Act, 1951, are entitled to birthright citizenship. The petition further contends that the government’s unwillingness to provide them with the necessary documents, despite legal provisions and court judgments in their favor, has led to their current undocumented status.
The joint petition emphasizes the need for the federal government to allow the UNHCR and its partner organizations to promptly register and process asylum-seeking applications from foreigners residing in Pakistan. It also calls for coordination between federal and provincial law enforcement agencies to safeguard the fundamental rights of all individuals currently in Pakistan.
As the Supreme Court reviews this petition, it is expected to carefully consider the arguments presented by the petitioners, evaluate the legality and constitutionality of the caretaker government’s mass deportation policy, and ensure the protection of the fundamental rights of Afghan refugees and other individuals residing in Pakistan.
