PHC turns down pleas of Afghan ex-officer, agent

The Peshawar High Court has rejected petitions from a former Afghan National Army general, a former Afghan Presidential Protective Service agent and their families, who had sought protection against arrest and deportation from Pakistan, according to Dawn.

The case involved former general Baryalai Sharifi and former special agent Abdul Mujeeb Ghairat, both of whom argued that they faced danger if returned to Afghanistan. Their legal counsel said the petitioners were Afghan nationals who had entered Pakistan on valid visas and feared persecution under the Taliban government.

The court, however, dismissed the petitions. A bench of Justices Wiqar Ahmad and Kamran Hayat Miankhel said the fears raised by the petitioners did not amount to a valid cause of action in the absence of any specific order, notification or official action being challenged.

According to the hearing record reported by Dawn, the petitioners had not pointed to any direct legal step by the authorities that could be reviewed by the court. The bench also noted that concerns about possible detention or removal could not, by themselves, create a case for judicial relief.

The petitions were nearly identical and also included family members of the two men. One argument presented on behalf of Sharifi was that he had served as a general in the former Afghan National Army, while his wife had worked as an assistant doctor in the former Afghan Presidential Protective Service. His son, the counsel said, had worked as a guard at a training camp linked to the same service.

The counsel further said Sharifi had approached the Society for Human Rights and Prisoners’ Aid for pre-screening as part of an international protection and resettlement process, and that the family feared being arrested or deported.

The court’s ruling highlights a wider legal boundary in such cases: immigration, visa and residency questions fall within the executive branch’s domain, not the court’s, unless there is a specific order under challenge.

The decision is significant because it comes at a time when Afghan nationals in Pakistan continue to face uncertainty over their legal status and future. In this case, the court confined itself to the legal question before it and did not grant protection on the basis of the petitioners’ stated fear of Taliban persecution.

For the petitioners, the outcome leaves their immediate legal position unchanged. For the authorities, it reinforces the court’s view that broad concerns over deportation are not enough on their own to trigger judicial intervention.

The Peshawar High Court decision is likely to draw attention from observers following Afghan migration and residency cases in Pakistan, especially those involving former officials from Afghanistan’s previous government.

FAQ

Why did the Peshawar High Court reject the petitions?

The court said the petitioners had not challenged any specific order, notification or official action, and that their fear of arrest or removal was not enough on its own.

Who were the petitioners?

They were former Afghan National Army general Baryalai Sharifi, former Afghan Presidential Protective Service agent Abdul Mujeeb Ghairat, and members of their families.

What were they afraid of?

They said they feared persecution by the Taliban government if they were deported to Afghanistan.