Afghan artists challenge forced repatriation at PHC

Humayun Khan
PESHAWAR: As many as three Afghan artists including Hasmat Ullah residing in different refugee camps across Pakistan had approached Peshawar High Court (PHC) against their forced repatriation to Afghanistan.
The writ filed by Mumtaz Khan advocate stated that the petitioners are artists and musicians residing in different refugee camps with their families after Taliban takeover of Afghanistan on 15th August 2021.
The writ pleaded that Taliban authorities ordered actions against artists and musicians publicly which led to closure of their businesses as well as livelihood. The petition argued that forced repatriation had caused a serious messy among Afghans regarding their future.
The petitioners had obtained registration from United Nation High Commissioner for Refugee (UNHCR) as well as number had also granted to them, the writ added. In 1993 Government of Pakistan with UNHCR had granted refugee status to Afghans under International Law.
Both Pakistan and UNHCR had agreed that Afghans refugee will be repatriate slowly and gradually after sustainable peace in Afghanistan and no one will harass them, the writ pleaded. The petition added that Pakistan is a signatory of Beijing Declaration 1995 on Civil and Political Rights which bars the member states from forced repatriation of refugees.
The counsel Mumtaz Khan advocate pleaded that Article 2 and 25 of Constitution of Pakistan provides security to petitioners because they are facing life threats in Afghanistan as artists are slaughtering on daily basis. The petition pleaded to dealt applicants under constitutional securities and rights as Supreme Court of Pakistan had granted a judgement in this regard recently.
The writ further requested to stop repatriation of artists as well as other refugees possessing registration number because law and order situation of Afghanistan isn’t satisfactory.
The petition argued PHC to stop the government and concerned departments from arrest and repatriation of petitioners because refugee with registration number can stay as refugee under International conventions as can’t be deported forcibly.
Ministry of Interior, Federal Investigation Agency, Director General Passport and Immigration, Cabinet Division, Additional Chief Secretary and Chief Secretary Khyber Pakhtunkhwa have been respondents in the case.
Meanwhile, a divisional comprising of Chief Justice PHC Justice Muhammad Ibrahim Khan and Justice Waqar Ahmad ordered Additional Chief Secretary Home along with police authorities for submission of reply regarding failure in elimination of encroachment at Shoba bazaar Peshawar.
The counsel Zia-ur-Rehman Tajik advocate argued that traffic jam at Shoba bazaar is fact of the day due to encroachment in the premises which had impacted business community as well as clients of lawyers visiting their offices for consultation. The counsel added that competent authorities are approached multiple times in this regard but to no veil and filed writ petition before PHC for redressal of grievances.
However, Cantonment Board’s lawyer informed that the petitioner had made the board is respondent but the locality laying in the jurisdiction of provincial government. He added that provincial government would act in this regard as Cantonment Board didn’t have the jurisdiction in this regard. PHC’s divisional issued notices to additional chief secretary home and police authorities for submission of reply in this regard while adjourned further hearing.
Moreover, PHC’s divisional bench comprised Justice Ijaz Anwar and Justice Shakeel Ahmad issued Contempt of Court notice to chairman National Commission for Human Development for didn’t paying Rs4.6 million as fee to senior lawyer and adjourned hearing till 7th November.
The counsel argued that Atif Ali Khan had served the commission as legal advisor and his collective salary stand at Rs4.6 million but the concerned authorities denied the payment. PHC issued Contempt of Court Notice to Chairman National Commission for Human Development for 7th November and adjourned furthering hearing.