In Pakistan, the ongoing expulsion of Afghan nationals residing illegally has taken a new turn with a recent court ruling regarding Afghan artists and transgender individuals.
The Peshawar High Court has granted a temporary injunction preventing the deportation of these groups until further notice. This decision came in response to petitions submitted by the affected parties, highlighting their plight.
The court, comprising Justice Waqar Ahmad and Justice Ijaz Anwar, ordered that no action should be taken against Afghan citizens who fear persecution by the Taliban if returned to Afghanistan. This directive protects those at risk due to their professional or personal identities.
The legal action was initiated by 157 Afghan musicians and singers, with representatives including Hamid Shahidai, Rafi Hanif, and Hashmatullah Omid. A separate petition involved Ahmad Anwari, known as Hooriya, alongside 16 other Afghan transgender individuals. These groups sought judicial intervention to halt their forced return under the current geopolitical climate.
During the proceedings, attorney Mumtaz Ahmad argued that the Taliban’s takeover in Afghanistan poses severe threats to artists and transgender individuals, who have been explicitly forbidden from performing and expressing their identities freely under the new regime. He highlighted the urgency of the situation, noting that his clients, along with their families, sought safety in Pakistan to escape persecution.
Mumtaz Ahmad requested that the court compel the Pakistani government to recognize his clients as refugees, thus affording them the protection and rights necessary to reside safely in Pakistan. Following the court’s decision, Hashmatullah expressed his gratitude for the reprieve and conveyed the collective hope among the petitioners that the Pakistani government would ultimately grant them permanent refuge on humanitarian grounds.
