On Friday, the Supreme Court emphasized that Pakistan, as a signatory to United Nations (UN) conventions safeguarding refugee rights, is bound by these agreements. The court resumed its examination of the petition challenging the eviction of Afghan refugees, with Justice Ayesha Malik suggesting a constitutional interpretation due to the complexity of deportation issues. She proposed the formation of a larger bench to delve deeper into the matter.
Umar Gillani, representing the petitioners, contested the interim government’s authority to expel illegal refugees, citing a lack of constitutional mandate. Gillani also expressed concerns about human rights violations and alleged inhumane treatment of Afghan citizens by the government. He argued that the caretaker government lacks constitutional authority for definitive decisions on policy matters.
In response to Justice Yahya Afridi’s inquiry about violated human rights during the eviction process, the petitioners’ counsel identified Articles 4, 9, 10A, and 25 of the Pakistan Constitution as being infringed. Consequently, the court issued notices to the federation, foreign ministry, Attorney General for Pakistan (AGP), and the apex committee responsible for the decision.
The proceedings were adjourned until the following week. During a prior hearing, the petitioners’ counsel contended that the “impugned directive” by the caretaker cabinet’s “apex committee” effectively contradicts a longstanding Pakistani state policy of hospitality and leniency towards refugees, asylum-seekers, and migrants from the Afghan borders.
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