The Pakistan-administered Kashmir High Court has ruled in a landmark judgment that Afghan nationals residing in the region cannot be detained or deported without legal process.
The court has directed the government to immediately formulate a clear legal mechanism to regulate such matters.
The judgment, written by Justice Syed Shahid Bahar, disposed of three constitutional petitions of similar nature. The petitions challenged the police custody and possible forced repatriation of Afghan nationals.
The petitioners maintained that they had valid documents and had been legally residing in Azad Kashmir for decades, yet they were detained without any legal basis and faced immediate deportation.
The government, on the other hand, maintained in its response that the Afghan nationals were being detained as a precautionary measure under a broader repatriation policy, but it also acknowledged that no specific criminal cases had been registered against the detainees.
The court clarified in its ruling that while foreign nationals do not have the right to permanent residence, they are entitled to legal protection and due process during their stay. According to the court, a valid visa provides a limited but legal right, and action can only be taken against any foreign national before its expiry on specific grounds, including fraud, violation of visa conditions or threats to public order.
The High Court directed the government to immediately create a transparent and legal framework regarding the detention and possible deportation of Afghan nationals to ensure fundamental rights and legal requirements.
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