PHC halts forced deportation of Afghan musicians

PESHAWAR: The Peshawar High Court (PHC) on Friday intervened to prevent the forced deportation of more than 100 Afghan musicians seeking political asylum in Pakistan.

In a two-page written judgement authored by Justice Wiqar Ahmad, the court directed the federal government to decide on their asylum applications within two months and ordered security agencies to refrain from taking any action against them during this period. The court delivered the verdict on a writ petition filed by Hashmatullah. He was represented by lawyer Mumtaz Ahmad. Assistant Attorney General Rahat Ali Naheqi appeared on behalf of the federal government.

The petitioners argued that they fled Afghanistan after the Taliban returned to power, citing threats to their lives. They claimed that their profession as musicians was criminalised under the Taliban regime, forcing them to migrate to Pakistan. Despite seeking refuge in Peshawar, they alleged harassment and pressure to leave the country, terming it a violation of human rights and international law. The court ruled that the federal government, or officials nominated by it, must decide on the asylum requests of the Afghan musicians within two months. During this period, no forceful action or deportation should be carried out, the order said.

The judgement allowed the petitioners to apply for asylum with the UNHCR and stated that if no decision was made within two months, the federal interior secretary should consider granting them an extended stay in Pakistan under the existing policy framework.