Afghan deportation policy challenged

Express Tribune

05-05-2025

Afghan nationals wait beside their belongings at the Torkham border's transit point as Pakistan steps up its deportation of undocumented migrants, sending over 2,239 Afghans back across the frontier. PHOTO: ONLINE
The Peshawar High Court has issued notices to the federal government and the National Database and Registration Authority (NADRA) in response to a petition challenging the deportation policy for Afghan refugees and seeking the issuance of a Pakistan Origin Card (POC) to an Afghan man married to a Pakistani woman.
The petition was heard by a bench comprising Justice Waqar Ahmad and Justice Aurangzeb Khan.
During the hearing, the petitioner's counsel, Ajmal Khan Mohmand, informed the court that his client, a resident of Takht Bhai in Mardan, is married to Tariq Khan, an Afghan citizen.
The couple has four children, and the petitioner's husband now faces deportation under the government's ongoing refugee repatriation policy.
The lawyer argued that the deportation policy targeting Afghan Citizen Card (ACC) holders is unconstitutional and lacks a clearly defined procedure.
He emphasized that many Afghan refugees have deep-rooted connections to Pakistan, including businesses, marriages, and property ownership, none of which are adequately considered under the current policy.
He further warned that the forced deportation of the petitioner's husband would deprive their children of their father's presence and care.
The petition requests the court to instruct NADRA to issue a POC to the petitioner's husband and declare the current deportation policy null and void.
After hearing the preliminary arguments, the court sought detailed written responses from the federal government and NADRA before the next hearing.
Illegal detention case
A five-member larger bench of the PHC on Monday disposed of a petition seeking the recovery of five individuals who had been taken away by police from Hayatabad, after they were safely recovered.
The court, however, directed authorities to refrain from harassing any of the concerned individuals and instructed the police to submit a detailed investigation report.
The bench, headed by Acting Chief Justice Justice SM Attiq Shah and comprising Justice Arshad Ali, Justice Sahibzada Asadullah, Justice Muhammad Naeem Anwar, and Justice Waqar Ahmad, heard the case.
During the proceedings, serious questions were raised regarding police performance, especially in relation to a foreign national who remains missing.
Acting Chief Justice Shah remarked that the country must operate under the rule of law and all actions by government institutions must adhere strictly to legal procedures.