Lawyers challenge registration of cases against Afghans under Foreigners Act
https://www.dawn.com/news/1985371?utm_source=chatgpt.com
PESHAWAR: Two lawyers moved Peshawar High Court on Wednesday to challenge registration of cases against registered Afghan refugees under Foreigners Act and their repatriation by law enforcement agencies.
A petition as jointly filed by senior lawyers Mohammad Muazzam Butt and Bassam Ahmad Siddiqui, requesting the court to declare as unconstitutional and illegal the actions of respondents including federal and provincial governments in registering FIRs under Section 14 of Foreigners Act against Afghan nationals holding Proof of Registration (PoR) card and Afghan Citizen Card (ACC) residing in Pakistan.
The petitioners sought declaration of court that Afghan nationals holding ACC and POR cards residing in Pakistan constituted a protected class and could not be treated as illegal entrants under Foreigners Act, 1946.
They requested the court to restrain respondents from arresting, detaining or deporting such individuals without due process and also to direct them to formulate a lawful, transparent and humane mechanism for regulation and regularisation of persons living within the boundaries of Pakistan.
Petitioners claim refugees holding ACC, POR cards cannot be treated as illegal entrants
They contended that respondents should ensure that any repatriation process should be strictly in accordance with the principles of voluntariness, dignity and non- refoulment.
The petitioners also sought interim relief, requesting the court to restrain respondents from further arrests, detention and deportation of Afghan nationals holding PoR and AAC. They requested court to direct them to release all persons holding PoR and AAC and had been detained by LEAs.
The petition filed through Advocate Remsha Robin includes as respondents federal government through interior secretary, Khyber Pakhtunkhwa government through its chief secretary, its home secretary and inspector general of police (IGP), United Nations High Commissioner for Refugees (UNHCR) through its representative in Peshawar and the Commissionerate of Afghan Refugees, Peshawar.
The petitioners stated that respondents had initiated coercive and indiscriminate actions against Afghan nationals residing in Pakistan, including those holding valid PoR and ACC, by registering FIRs under Section 14 of Foreigners Act, followed by arrests, detention, harassment and forced repatriation.
They stated that over a period exceeding four decades, Afghan nationals had established deep rooted ties in Pakistan, including businesses, employment and families, and many individuals had been born and raised in Pakistan, thereby creating a legitimate expectation of lawful and humane treatment and even the citizenship of Pakistan.
They said that a large number of such individuals possessed documentation including PoR cards and ACC issued under the supervision of the government of Pakistan in coordination with UNHCR.
The petitioners said that such documentation constituted formal recognition by the state of their legal presence and entitled them to enforcement of their fundamental and human rights.
“Despite such recognition, respondents are treating documented individuals as illegal entrants and are invoking Section 14 of Foreigners Act indiscriminately and even women, children and long-settled families are facing detention and forced expulsion including violation of their human and fundamental rights,” they claimed.
They have raised several legal questions, stating whether the Afghan nationals living for time being in Pakistan are entitled to protection of law and to be treated in accordance with law for purpose of fundamental and human rights guaranteed under the Constitution of Pakistan and International Conventions; whether Afghan nationals holding PoR and ACC cards can be treated as illegal entrants and prosecuted under Section 14 of Foreigners Act; and whether forced repatriation without individual assessment violates constitutional and international law principles.
The petitioners contended that Foreigners Act, 1946, being a pre-constitutional and colonial legislation, didn’t contemplate the category of refugees and failed to distinguish them from other foreigners. They said that its application in the present context, without harmonisation with constitutional protections and international obligations, was legally unsustainable.
Published in Dawn, March 26th, 2026