The Peshawar High Court (PHC) has dismissed petitions filed by two former Afghan military officers seeking asylum in Pakistan, ruling that they failed to establish any violation of their fundamental constitutional rights, The News reported on Thursday.
The petitioners, Abdul Mujeeb Ghairat and Baryalai Sharifi, had requested permission to remain temporarily in Pakistan, an extension of their visas, and protection from arrest and deportation. They argued that they faced serious threats to their lives if they were forced to return to Afghanistan.
The court observed that speculative fears of this nature were not sufficient grounds for invoking the constitutional jurisdiction of the High Court under Article 199 of the Constitution.
According to the judgment, Abdul Mujeeb Ghairat had served as a special agent in the protective service of the former Afghan president, while Baryalai Sharifi had served as a general in the former Afghan National Army. Both petitioners maintained that returning to Afghanistan would expose them to grave threats to their lives.
The petitioners presented their Afghan passports and other relevant documents in support of their requests for emergency medical treatment, temporary residence in Pakistan, renewal of their visas, and protection from arrest and harassment.
Ghairat also informed the court that he had already submitted an online application seeking an extension of his visa.
The court ruled that issues concerning the stay of foreign nationals, including the issuance, extension or cancellation of visas and other immigration matters, fall exclusively within the jurisdiction of the relevant executive authorities under the applicable laws.