By: Kamran Ali Shah
PESHAWAR: A plea was filed in the Peshawar High Court (PHC) on Thursday against the illegal deportation and detention of Afghans.
A constitutional petition has been submitted to the Peshawar High Court by Hazratullah, son of Akbar Jan, with representation from Advocate Saifullah Mohib Kakakhel, a Supreme Court attorney. The petition challenges the ongoing arrests, detentions, and deportations under the government’s “Illegal Foreigners Return Plan” (IFRP).
The petition argues that Pakistani citizens of Afghan origin and their families are being arrested without warrants, are not being presented before a magistrate, and are being held in inhumane and overcrowded conditions in what are referred to as Afghan camps. Detainees are deprived of necessary medical treatment, food, family visits, and access to legal counsel. Additionally, women are being arrested without the presence of female police officers, which violates their constitutional rights and the principles of modesty and privacy.
The petition references reports from Human Rights Watch, Amnesty International, and UN experts, stating that these deportations and detentions violate Articles 4, 9, 10, 10-A, 14, and 19-A of the Constitution of Pakistan and contravene international law, particularly the principle of “non-refoulement.”
The petitioner requests the court to compel the government to publicly disclose all its standard operating procedures and policies regarding detention and deportation, declare illegal arrests and secret detentions unconstitutional, halt deportations conducted under a clandestine policy, and ensure that detainees are granted basic rights, including access to medical treatment, food, shelter, family visits, and legal assistance.
Advocate Saifullah Mohib Kakakhel stated, “This is not merely a legal issue; it is a humanitarian crisis. Arbitrary arrests and inhumane detentions represent a serious violation of constitutional guarantees and Pakistan’s international commitments. The rule of law necessitates transparency and accountability.”
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The petition is expected to be scheduled for a hearing in the Peshawar High Court in the coming days.
