PESHAWAR: Peshawar High Court has stopped all law enforcement agencies from detaining or deporting Afghan refugees having Proof of Registration (PoR) cards till June 30, 2025, in the ongoing expulsion drive of illegal immigrants.

A bench consisting of Justice Wiqar Ahmad Khan and Justice Dr Khurshid Iqbal disposed of a petition filed by several Afghan nationals having PoR cards, after federal government said that it had not taken decision regarding immediate deportation of PoR card holders, who were entitled to stay in Pakistan till June 30, 2025, as per past notification issued on July 22, 2024.

Barrister Sarwar Muzaffar Shah appeared for the petitioners and quoted certain instances. He stated that local police and administration in different districts had been harassing and unlawfully detaining and deporting PoR card holders.

“With response of the ministry of State and Frontier Regions it is clear that government of Pakistan has not yet taken any decision regarding curtailing stay of PoR car holders from 30th June, 2025. In such circumstances all the law enforcement agencies are restrained from unlawfully harassing, detaining or deporting PoR card holders till 30th June, 2025,” the bench ordered.

Govt states they are entitled to stay in Pakistan till June 30 this year

“Further fate of their stay or extension is up to federal government to decide and whatever decision the federal government takes in this regard shall be implemented unless set aside by competent court of law,” the bench directed.

The bench directed the deputy attorney general, Rahat Khan Nahqai, and the additional advocate general, Mohammad Inam Khan Yousafzai, to convey the order for compliance to authorities of law enforcement agencies working under the control of federal and provincial governments.

The petitioner, Baryali Khan, and several others had requested the court that all PoR card holders might be allowed to continue residing in Khyber Pakhtunkhwa along with their families till at least June 30, 2025, as per notification of July 22, 2024, or till issuance of any notification after expiry of the validation time period.

Barrister Sarwar Muzaffar Shah, representing the petitioners, stated that on July 22, 2024, a notification was issued by the ministry of Safron wherein it was mentioned that in pursuance of the approval of federal cabinet conveyed on July 20, 2024, the government of Pakistan was pleased to extend the validity of Proof of Registration (PoR) cards issued to registered Afghan refugees by Nadra with effect from July 1, 2024, to June 30, 2025.

He contended that despite the clear notification, law enforcement agencies in the ongoing drive of expulsion of illegal Afghans and those having Afghan Citizen Cards had been harassing PoR card holders and also detaining them.

He said that respondents including federal and Khyber Pakhtunkhwa governments and their law enforcement agencies should be restrained from harassing PoR card holders or violating their rights of dignity of man and privacy of home, or forcibly relocating them till at least the expiry of time period indicated in the July 22, 2024, notification.

During previous hearing on April 4, the bench had directed DAG Rahat Khan Nahqi to seek instructions from respondents regarding the status of PoR card holders and policy of federal government in that regard.

The DAG along with the section officer of the ministry of Safron, Mohammad Saleemullah, appeared and conveyed to the court that federal government had not taken any decision regarding immediate deportation of PoR card holders, who were entitled to stay in Pakistan till June 30, 2025 as per the last notification of July 22, 2024.

The assistant director (legal) of Nadra, Shahid Imran Gigyani, pointed out towards a press report stating annexed with the petition, stating that even the news report was regarding expulsion of illegal foreigners and ACC card holders only, where no mention of expulsion of PoR card holders could be found.

Published in Dawn, April 9th, 2025