Summary
- The Peshawar High Court has rejected asylum petitions filed by two former Afghan military officers seeking temporary protection and permission to remain in Pakistan.
- According to court documents, Ghairat had worked as a special agent with the protective service of the former Afghan president.
- The court therefore declined to grant the requested relief to the two former Afghan officers.
The Peshawar High Court has rejected asylum petitions filed by two former Afghan military officers seeking temporary protection and permission to remain in Pakistan.
The petitioners, Abdul Mujeeb Ghairat and Baryalai Sharifi, had approached the court after expressing fears for their safety if they were forced to return to Afghanistan.
They requested permission to stay in Pakistan temporarily. They also sought extensions of their visas and protection from arrest, harassment and deportation.
The former Afghan servicemen argued that returning to Afghanistan could expose them to serious threats to their lives because of their previous positions in the Afghan security establishment.
According to court documents, Ghairat had worked as a special agent with the protective service of the former Afghan president. Sharifi had served as a general in the former Afghan National Army.
The two petitioners submitted Afghan passports and other documents to support their requests. They also referred to their need for emergency medical treatment and temporary residence in Pakistan.
Ghairat told the court that he had already submitted an online application seeking an extension of his Pakistani visa.
After examining the petitions, the court ruled that the applicants had not established any violation of their fundamental constitutional rights.
The court observed that fears about possible threats after returning to Afghanistan, without sufficient supporting evidence, could not by themselves justify intervention under Article 199 of the Constitution.
The court also clarified that decisions concerning the stay of foreign nationals in Pakistan fall within the authority of the relevant government departments.
It said matters involving the issuance, extension or cancellation of visas and immigration status are governed by applicable laws and are primarily handled by the executive authorities.
The court therefore declined to grant the requested relief to the two former Afghan officers.
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