PESHAWAR: The Peshawar High Court (PHC) on Tuesday disposed of writ petitions filed against the alleged harassment and forced eviction of Afghan singers and musicians by police and directed the petitioners to first approach the Ministry of Interior for Pakistani visas, terming it a legal requirement.
The court observed that if their visa applications were rejected, they may then seek legal remedy before the court.The case was heard by a two-member bench comprising Justice Wiqar Ahmad and Justice Farah Jamshed. About 108 Afghan artistes, including Hashmatullah Umeed, Altaf Hairat, Laila Nahal and Dunya Ghazal had filed the petitions. During the hearing, counsel for the petitioners Babar Khan Yousafzai advocate, officials from NADRA and a federal law officer appeared before the court.
In their petitions, the Afghan artistes had stated that they were associated with music and singing professions, but following the Taliban’s return to power in Afghanistan, music and similar activities had been completely banned, leaving them without any means of livelihood.
They pleaded that they migrated to Pakistan due to threats to their lives in Afghanistan.Babar advocate said that artistes were specifically being targeted and, in addition to restrictions, were receiving serious threats. He submitted that under a 2003 agreement between UNHCR, Pakistan, and Afghanistan, Afghan nationals who sought refuge in Pakistan could not be forcibly repatriated. However, under a recent notification by the Ministry of Interior, Proof of Registration (PoR) cards and Afghan Citizen Cards have expired, leading to repatriation measures.
He contended that the situation of these artistes differed from that of ordinary Afghan nationals, as they faced particular risks due to their profession. He emphasised that it was a matter of safety for both the individuals and their families. He also pointed out that relief had previously been granted to Afghan refugees in similar petitions filed before the PHC. The counsel argued that Afghan refugees were currently facing harassment by police and other agencies during various operations, including blocking of their identification cards and other restrictions, leaving their lives and dignity at risk. He said that such actions violated not only international laws but also fundamental rights guaranteed under the Constitution of Pakistan.
The petitioners requested the court to restrain authorities from arresting, forcibly evicting, or harassing them until the final decision of the case.After hearing arguments, the court disposed of all the petitions and directed the petitioners to first apply for visas and approach the court again if their applications were rejected.
