PESHAWAR, Sept 19: A Peshawar High Court bench on Wednesday directed the federal government not to allow Afghan refugees to stay in the country beyond Dec 31, 2012.

During a hearing into a case against denial of promotion to Commissionerate of Afghan Refugees employee Jawed Shah, Chief Justice Dost Mohammad Khan and Justice Irshad Qaiser observed that Pakistan had an agreement with Afghanistan and United Nations High Commissioner for Refugees to shelter Afghan refugees on its soil and the court didn’t want to interfere with it but wanted the government not to extend it beyond Dec 31.

They observed that the law and order situation in Pakistan was not encouraging and therefore, there was no ground available for further stay of refugees in the country.

It added that Afghans sheltering in the country were no longer refugees as their country had a proper government and security apparatus in place and that they had been staying here for economic consideration.

The chief justice observed that Afghan refugees were doing business though unlawfully and therefore, they were unwilling to return to their homeland.

Hearing into the case was later adjourned until Oct 31.

During the hearing in June, the court had directed the federal and provincial governments to make arrangements for the repatriation of Afghan refugees as the country had already been in crisis and could no longer afford to provide shelter to such a large number of refugees.

The court had questioned that when a proper government was functioning in Afghanistan and International Security Assistance Force and Nato had been taking care of security situation there, then why international organisations and government here had not been repatriating Afghan refugees.

Deputy attorney general Muzzamil Khan, lawyers for the federal government, including the state and frontier region ministry, said the country had been sheltering Afghan refugees under an agreement with Afghanistan and UNHCR. He added that the agreement was extended from time to time and lastly, it was extended on May 27, 2010.

The DAG said last time, extension was given to the agreement until Dec 31, 2012, and that proof of registration cards given to these refugees would also expire on that date.

The chief justice observed that the court would not interfere with the international agreement but wouldn’t allow further extension to it.

He said the government should make arrangements for early repatriation of Afghans.

The chief justice observed that if around 84 per cent of Afghans had been living in their homeland, then why the rest couldn’t do so.

Last week, a tripartite meeting was held among Pakistan, Afghanistan and UNHCR in Istanbul to discuss future of 1.66 million Afghan refugees living in Pakistan.

Following the meeting, UNHCR claimed that with the present tripartite agreement expiring by the end of the year, all parties agreed that the voluntary repatriation process through an agreed mechanism was vital for these vulnerable people.

States and frontier regions minister Shaukatullah had informed participants that his ministry was currently holding inter-ministerial deliberations, reviewing options for future national policy for Afghan refugees and that would soon be examined by the government.

The delegations expressed optimism that their respective governments would favourably review the recommendations drawn up by the meeting.

UNHCR representative in Islamabad Neill Wright, who chaired the meeting, said his organisation supported an extension to the agreement to ensure protection for Afghan refugees.