Judicial interference in repatriation of illegal aliens SLAMMED after Bannu attack
27 November 2023
Islamabad Insider
Just a day after an Afghan national blew himself up in a suicide attack in Bannu, analysts have slammed the Supreme Court’s interference in the repatriation of illegal aliens from Pakistan.
What is purely an administrative matter is being interfered on by a 3-member bench of the Supreme Court that includes Justices Yahya Afridi, Sardar Tariq and Ayesha Malik.
In a frivolous petition by Farhatullah Babar who was recently kicked out of his party’s position, it has been prayed that the return of illegal Afghans should be restricted.
This is contrary to Pakistani and international law as courts do not have any executive authority over administrative affairs.
Before finalising the repatriation of all illegal aliens from Pakistan according to international law, all legal and administrative requirements were filled by the government.
The approval of the National Security Council and the Federal Cabinet was sought and duly granted.
Consultations with all stakeholders took place and a deadline was advertised heavily so that illegal aliens had a fair chance to leave Pakistan by the deadline.
Most suicide attacks since August 2021 in Pakistan have been conducted by Afghan nationals, most of them who do not have any permission to reside in Pakistan.
The decision to repatriate these elements was taken considering Pakistan’s national security paradigm. But now the courts’ interference is resulting in compromising Pakistan’s national security.
Already 250,000 Afghan nationals have left Pakistan but millions other are still in Pakistan without being registered in any authority.
No country in the world, no matter how benevolent would accept undocumented migrants to live amidst its people.
But unfortunately, Pakistan has a history of unjustified judicial interference in matters which do not concern the courts by any means.
Take the Reko Dik case, or the Steel Mills case, or the £!90m NCA judgement or the dam fund as examples. Is it the court’s domain to interfere in these realms?
However, in Pakistan, the judiciary has over extended it self to indulge in matter which do not concern it in the least bit.
Such examples of interference pacify the egos of judges but come at a huge detriment to Pakistan’s economy, society and national security. Whilst judges have also been accused of obtaining financial favours in regards to their judicial work, the time has come to analyse the motivations of judges behind their judicial overreach.
No country would tolerate such judicial interference in administrative affairs but in Pakistan, the courts ridicule the state and cut its wings in order to restrict efficient governance.
How can any actor be allowed to play with Pakistan’s national security by arbitrarily interpreting the law?
The honourable judges should take up the cases that have been waiting for decades rather than entertaining frivolous petitions in matter that have no concern with them.