SHC seeks arguments on maintainability of petition challenging deportation of aliens

The Sindh High Court (SHC) on Wednesday directed the counsel for petitioners who had challenged the government policy with regard to deportation of illegal foreigners to satisfy the court about the maintainability of the petition.

Petitioners Sheema Kermani and others had challenged the federal government’s decision with regard to detention and deportation of illegal foreigners. Their counsel, Sara Malkani, submitted that the October 3 decision of the apex committee ordering detention and deportation of illegal foreigners was unlawful and beyond the mandate of the caretaker federal government and had no legal effect whatsoever.

She submitted that the federal government had to ensure that all persons arrested, detained and deported for allegedly being illegal immigrants were provided a right of hearing and opportunity to challenge their detention and deportation and provide opportunity for legal advice and representation. She said that all such persons who were detained for violations of the Foreigners Act should be dealt in accordance with the law.

She requested the high court to direct the government to publicly release information regarding illegal immigrants detained by the federal and provincial governments and allow human rights organisations to visit their centres and examine the conditions of the detained persons.

A division bench of the SHC headed by Justice Naimatullah Phulpoto after hearing the arguments of the counsel inquired how the petitioners were aggrieved persons and how the court could interfere in a policy matter under the Article 199 of the Constitution. The high court directed the counsel to file their comments on the maintainability of the petition and directed the office to fix the matter after three weeks.