Key Takeaways
- The Peshawar High Court dismissed petitions filed by two former Afghan military officials.
- Both petitioners claimed they faced serious life threats if returned to Afghanistan.
- The court ruled that it could not intervene as matters related to visa status are administrative.
Peshawar: The Peshawar High Court (PHC) has dismissed petitions filed by two former Afghan military officials, refusing their pleas for a temporary stay in Pakistan. The petitioners, Abdul Mujeeb Ghairat and Baryalai Sharifi, had sought refuge due to alleged life-threatening situations if they were returned to Afghanistan.
Abdul Mujeeb Ghairat, who served as a special agent with the Afghan Presidential Protective Service, and Baryalai Sharifi, a general in the former Afghan National Army, argued that they faced severe risks. They also requested permission to stay for medical treatment, citing an online application for visa renewal.
The petitioners further sought protection from arrest, harassment, and deportation under Article 199 of the Constitution. However, the court ruled that matters related to visa renewal, extension, and immigration status fall within the purview of administrative authorities.
Justice Waqar Ahmed and Justice Kamran Hayat Miankhel issued a written verdict stating that the High Court can only intervene where an illegal act, denial of a legal request, or violation of a recognised legal right is established. The court found no grounds for intervention under Article 199 and dismissed both petitions.
The decision highlights the limitations of judicial intervention in administrative matters such as visa status. Legal experts suggest that petitioners should approach relevant administrative authorities for assistance with their applications and requests.
While the petitioners had hoped to secure a stay, they now face the prospect of being deported back to Afghanistan, where they claim their safety is at risk. The outcome of this case may set a precedent for future similar petitions in Pakistan’s courts.
