PESHAWAR: The Peshawar High Court (PHC) has dismissed petitions filed by two former Afghan military officers seeking asylum and temporary residence in Pakistan, ruling that they failed to establish any violation of their constitutional fundamental rights.
According to the court’s judgment, the petitioners — Abdul Mujeeb Ghairat and Baryalai Sharifi — had requested permission to remain in Pakistan temporarily, extension of their visas, and protection against arrest and deportation, arguing that their lives would be at serious risk if they were sent back to Afghanistan.
The court, however, held that such claims were based on speculative fears and did not provide sufficient legal grounds for invoking the constitutional jurisdiction of the High Court under Article 199 of the Constitution.
The judgment stated that Abdul Mujeeb Ghairat had previously served as a special agent in the protective service of Afghanistan’s former president, while Baryalai Sharifi had served as a general in the former Afghan National Army. Both maintained that returning to Afghanistan would expose them to grave security threats.
In support of their petitions, the applicants submitted Afghan passports and other relevant documents, requesting emergency medical treatment, temporary residence in Pakistan, visa extensions, and protection from arrest or harassment.
The court was also informed that Abdul Mujeeb Ghairat had already filed an online application seeking an extension of his Pakistani visa.
While acknowledging the petitioners’ requests, the PHC observed that matters concerning the entry, stay, visa issuance, extension, cancellation, and immigration status of foreign nationals fall exclusively within the jurisdiction of the relevant executive authorities under the applicable laws.
The court concluded that such administrative matters cannot ordinarily be decided through constitutional petitions unless a clear violation of fundamental rights is established.
With these observations, the Peshawar High Court dismissed both petitions, leaving the petitioners to pursue any available remedies before the competent immigration and government authorities in accordance with the law.
