SC To Hear Petition Seeking To Stop Govt From Forcing Out Afghan Refugees

Petitioner's lawyer claims Justice Yahya Afridi, during the in-chamber hearing of the appeal, has set aside the objections of the registrar's office, but no date has been set for hearing the petition yet

SC To Hear Petition Seeking To Stop Govt From Forcing Out Afghan Refugees

The Supreme Court on Monday decided to entertain a petition which seeks to stop the government from forcing out Afghan citizens. 

However, there was no immediate date for a hearing of the petitions.

A counsel for the petitioners told The Friday Times that Justice Yahya Afridi of the Supreme Court heard their appeal against the objections in his chamber on Monday.

The top court subsequently set aside the objections raised on the petition by the registrar's office, paving the way for its hearing in court.
The Supreme Court Registrar's Office returned the petition on November 8 with certain objections questioning its maintainability. 

One of the objections the registrar's office raised was that the petitioners had not pointed out any specific question of public importance regarding the enforcement of fundamental rights as guaranteed under the Constitution, which warranted the invocation of Article 184(3).

The appeal against the registrar's objections contended that their petition raises issues critical to fundamental rights enshrined in the Constitution.

"The issues raised in the petition are critical for securing the fundamental rights enshrined in the Constitution," contended the appeal filed by Umer Ijaz Gillani on behalf of human rights activists and politicians. It added, "The promises contained in the Constitution must never be allowed to become mere verbiage, the harbingers of false hope."

It further stated that every constitutional promise must be encashed – here and now. In this regard, as per Article 184(3) and relevant case law, the Supreme Court bears a heavy responsibility towards the marginalised and voiceless segments of society who are ordinarily unable to access the courts of law to enforce their rights."

The petitioners include Jamaat-i-Islami Pakistan Senator Mushtaq Ahmed, rights activist Amina Masood Janjua, National Democratic Movement Chairman Mohsin Dawar, lawyer Jibran Nasir, Rohail Kasi, Syed Muaz Shah, Pastor Ghazala Parveen, lawyer Iman Zainab Mazari, Ahmad Shabbar, Advocate Imran Shafiq, Luke Victor and Sijal Shafiq.

The writer is an Islamabad based journalist working with The Friday Times. He tweets @SabihUlHussnain