Editorial
Pakistan has found itself at a crossroads in recent months regarding the deportation of Afghan nationals, igniting a heated debate on national security, human rights, and legal obligations. This debate has been further fueled by Justice Ayesha A. Malik’s observation emphasizing Pakistan’s international legal obligation, as mandated by United Nations conventions, to uphold the rights of refugees. This observation emerged from a petition filed in the Supreme Court by politicians and rights activists, arguing that the decision to forcibly deport Afghans is illegal, unconstitutional, and violates fundamental rights.
Amidst the caretaker government’s decision to deport Afghan nationals, including political asylum seekers, a legal challenge has been raised, highlighting the intricate interplay between constitutional interpretation and the fundamental rights of individuals. The contention that these individuals are being subjected to inhumane treatment has brought the ethical and legal dimensions of the issue into sharp focus. Instances of mistreatment involving Afghan citizens, even those residing with proper documentation such as Proof of Registration cards (PoR) and Afghan Citizen Cards (ACC), have been reported since November.
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This case underscores the violations of fundamental rights enshrined in the Constitution, specifically Articles 4 (right to due process), 9 (right to security of person), 10 (right to a fair trial), and 25 (equality before law). As the Pakistani state is obligated to ensure the protection of individuals born in Pakistan who hold claims to birth right citizenship under Section 4 of the Citizenship Act, 1951, and consistent with the 2021 Islamabad High Court ruling in the Hafiz Hamdullah Saboor case, so the federal government is bound to refrain from detaining, forcibly deporting, or harassing such individuals.
The case also emphasizes the need for a delicate balancing act between legitimate national security concerns and the imperative to safeguard human rights. While Pakistan faces challenges in managing the influx of refugees, its commitment to uphold international law and protect vulnerable individuals must remain paramount.
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