Peshawar Supreme Court Denies Asylum to Two Former Afghan Soldiers

The Supreme Court of Peshawar has rejected the asylum and temporary residency requests of two former Afghan soldiers, stating that they failed to prove a violation of their fundamental rights.

The two former soldiers had petitioned the court for permission to stay temporarily in Pakistan, extend their visas, and immunity from detention and deportation. They had warned that returning to Afghanistan would expose them to serious threats to their lives.

However, the Supreme Court emphasized that potential threats to personal safety are not sufficient grounds for the court’s jurisdiction under Article 199 of Pakistan’s Constitution.

Meanwhile, the court recently ordered police and other Pakistani security agencies, in a separate case, not to detain or deport two journalists and one former Afghan soldier until the Ministry of Interior of Pakistan makes a decision.

The two-judge bench, consisting of Justice Waqar Ahmed and Justice Kamran Hayat Mian Khail, underscored that until a final decision by the Ministry of Interior is issued, law enforcement agencies do not have the right to arrest or deport these three individuals. Pakistan has intensified the review and deportation process of several foreign nationals, including Afghans, in recent months.