PESHAWAR: The Peshawar High Court (PHC) on Tuesday dismissed more than 30 petitions seeking the release of Afghan nationals arrested for lacking travel documents, ruling that even card holders were required to possess valid travel documentation following a government notification.
In a seven-page written judgment, Chief Justice SM Attique Shah observed that under the federal government’s policy, Afghan nationals residing in Pakistan without proper travel documents were not legally entitled to stay in the country.
The court noted that the government had initiated the process of repatriating undocumented Afghan nationals and directed law enforcement agencies and relevant authorities to make immediate arrangements for their deportation.
The judgment was issued in petitions filed by Gul Lali and others. During the hearing, Additional Attorney General Sanaullah and officials from relevant departments appeared before the court.
The petitioners had argued that they possessed Afghan Citizen Cards and were not involved in any criminal activity. However, the court stated that it was not persuaded by this stance, noting that the petitioners were Afghan nationals arrested by law enforcement agencies without valid travel documents.
According to the judgment, the individuals were taken into custody under Section 14 of the Foreigners Act. The court also referred to a government notification issued on February 17, 2025, regarding undocumented Afghan nationals, under which the government decided to repatriate those residing illegally in Pakistan.
The court held that even card holders are required to have valid passports and other legal documents.It observed that at the time of arrest, the petitioners did not possess such documents, and their continued stay after the notification was in violation of the law.
After reviewing the government’s notification and policy, the court directed authorities to take necessary steps for the deportation of the petitioners.It further ordered subordinate courts to complete trials against the petitioners within one month, while directing the Prosecution Department to promptly submit the cases to courts for trial.
Copies of the judgment were sent to the Inspector General of Police Khyber Pakhtunkhwa, the Superintendent of Peshawar Central Prison, and the District Public Prosecutor for implementation.
