The Supreme Court's registrar's office has returned a petition against the government's decision for the refoulement of Afghan refugees and other undocumented migrants.
Ahmad Shabbar, along with 12 others including former senator Farhatullah Babar, Senator Mushtaq Ahmed, former MNA Mohsin Dawar, lawyers Jibran Nasir and Imaan Zainab Mazari, Imran Shafiq, Pastor Gahzala Parveen, Luke Victor, Amina Masood Janjua, Rohail Kasi, Syed Muaz Shah, and Sijal Shafiq had filed a petition in Supreme Court through Umer Ijaz Gilani last week against the government's decision to forcibly repatriate Afghan migrants.
On Friday, Shabbar took to social media site 'X' (formerly known as Twitter) to state that their petition had been returned by the registrar's office "as being not maintainable on account of not being a matter of human rights and constitutional importance."
Honorable Supreme Court #Pakistan just returned our petition on the #refugee deportation issue as being not maintainable on account of not being a matter of human rights and constitutional importance.
— Ahmad Shabbar (@AhShabbar) November 10, 2023
What #humanrights violations they wonder?
We will let the pictures speak. pic.twitter.com/Sbp7HH54nC
In their petition filed under Article 184(3) of the Constitution, they contested the caretaker government's decision as unconstitutional, illegal and inhumane the refoulement of at-risk asylum seekers and refugees residing in Pakistan for several decades.
They further contested that such a policy was beyond the caretaker government's mandate as provided in Article 230 of the Elections Act, 2017, which governs the caretaker government.
"It is draconian and in contravention of national and international law. Whereas the decision to expel those whose refugee/asylum cases/applications are pending with the UNCHR is against the law as enunciated in judicial pronouncements [Raheel Azizi v. State (W.P. 1666/2023) and Aamir Aman vs. Federation of Pakistan (PLD 2020 Sindh 533)]."
It further contended that in the garb of expelling only undocumented aliens, the state was also expelling those who did possess legal documents such as the Proof of Registration (PoR) cards and other relevant documentation to be harassed, detained and expelled.
"The forceful banishing of a people, including women and children, several of whom have been born on Pakistani soil and are citizens of Pakistan by virtue of Section 4 of the Citizenship Act, 1951, and identify as Afghan only on the basis of ethnicity, from a place they so endearingly call home, is unprecedented," the petition read.
The petition added that such an "arbitrary policy exhibits the sheer highhandedness of a state seemingly undeterred in demonizing a people based on ethnicity, and raises a grave apprehension for each citizen of Pakistan who is now left at the mercy of a state which sacrifices equality, justice and fundamental human rights at the altar of ethnicity, caste and creed."
It is nothing less than a crime to remain silent over the refoulement of fellow humans to imminent misery and persecution.
It urged the Supreme Court to secure the life, liberty and dignity of all asylum seekers and refugees in Pakistan and their children who are citizens of Pakistan by birthright and take to task the state for defiling the sanctity of human life and fundamental rights as enshrined in the Constitution 1973.
It further sought the court's directions to the UNHCR and the international community to fulfil their duty and commitment to speedily process all pending asylum seekers/refugees cases.
At least 160,000 people have been repatriated before the October 31 deadline expired, with thousands of people having been deported or forced to cross over, having little to no resources or any place to go and with winter approaching are exposed to the elements despite efforts of the Interim Afghan Government led by the Afghan Taliban.