PESHAWAR: The Peshawar High Court on Wednesday adjourned the hearing into the petitions of several Afghan artistes and transgender persons for stopping the federal government from deporting them, insisting they’ll be persecuted in the Taliban-ruled Afghanistan.

A bench consisting of Justice Syed Mohammad Attique Shah and Justice Syed Arshad Ali directed the counsel for petitioners to examine the pleas filed with the Supreme Court on the matter.

The bench observed that it would be appropriate for the petitioners to file applications with the apex court for checking if the prayers in the pleas before the Supreme Court and the high court were identical.

It was hearing two petitions, including the one filed on behalf of 147 musicians and singers by Hashmatullah Omed, Rafi Hanif and Hameed Shahdai, and the other by Ahmad Anwari alias Hooria and 16 other transgender persons.

Adjourns hearing into their petitions against possible forced repatriation

Advocate Mumtaz Ahmad appeared for the petitioners and said his clients had challenged the decision of the federal government to forcibly repatriate all unregistered Afghans, including the petitioners.

He said that the high court earlier issued an order stopping the federal government and its law-enforcement agencies from harassing his clients and acting against them until further orders.

The lawyer added that the high court also ordered the clubbing of the two petitions.

The counsel claimed that the takeover of Afghanistan by the Taliban rendered the lives of the local artists and transgender people “very dangerous and miserable,” as the government had announced that it wouldn’t allow Afghan artists to perform in the country.

He added that like thousands of other Afghans, his clients fled their country along with their families and took shelter in Pakistan.

The lawyer said that the petitioners and their families were registered by the UN refugee agency, which gave them a token number, and their cases were under process.

A deputy attorney general said that identical petitions had already been filed with the Supreme Court.

When the bench asked Mr Mumtaz whether the same petitioners were parties in the case pending with the apex court, the counsel said that petition was filed by the Human Rights Commission of Pakistan for relief for all unregistered Afghan nationals, whereas the two petitions pending with the high court sought relief for artists and transgender persons only.

The bench wondered whether it wouldn’t be appropriate for the petitioners to withdraw their pleas and approach the apex court to become parties to the matter pending with it.

The counsel said that he was not sure whether the prayers made in that plea were identical to those in the two petitions.

He said that if his clients withdrew the two petitions, then the restraining order of the high court would become ineffective and that there were fears that the petitioners would face harassment and forced repatriation.

The lawyer contended that he would obtain attested copies of the petition pending with the apex court and examine whether the pleas being heard by both courts were similar or different.

The petitioners claimed that the Pakistani government had adopted the policy of forced return for refugees to Afghanistan in violation of international law, protocols, and agreements.

They requested the court to direct the government to allow them to live an untroubled and peaceful life as refugees in the country.

Published in Dawn, May 9th, 2024