Jan 10, 2025
By Ahmed Saeed
LAHORE
The Peshawar High Court (PHC) has barred the country’s authorities from deporting Afghan musicians from Pakistan to Afghanistan.
A single-member bench of Justice Wiqar Ahmed, issued a short order on a petition that had been filed by over 150 Afghan musicians and singers. The court directed the federal government to examine the asylum applications submitted by the musicians.
The petition stated that Afghan musicians residing in Pakistan face threats to their lives and livelihoods in Afghanistan, where the Taliban regime has imposed a ban on music, concerts, and related activities. The regime has even publicly destroyed musical instruments to discourage citizens from engaging in the performing arts.
“That Federal Government may itself or an officer notified by the Federal Government shall consider cases of all these petitioners and shall decide whether or not the essential ingredients for grant of asylum on the basis of preventing them from refoulement, have been forthcoming in their cases and if the said ingredients are found in the case of one or more of the petitioners, then the Federal Government or its notified officer shall make a decision regarding grant of asylum for such period as may be determined by Federal Government,” the order said.The court further noted that Afghan musicians could also apply to the UNHCR for recommendations to the Federal Government regarding the grant of asylum.
“The Federal Government or its notified officer shall decide cases of all these petitioners for grant or refusal of asylum within a period of two months. Till the final decision, these petitioners shall not be ousted from the territory of Pakistan nor otherwise compelled to leave Pakistan and go back to their native country Afghanistan,” the short order stated.
The bench also directed the Federal Government or its notified officer to decide the asylum applications within two months.
“Till the final decision, these petitioners shall not be ousted from the territory of Pakistan nor otherwise compelled to leave Pakistan and go back to their native country Afghanistan,” the order reiterated.
“If the Federal Government is unable to decide cases of all these petitioners viz-a-viz for grant of asylum within 60 days, then the Secretary of the Ministry of Interior shall issue such permission to the petitioners for staying in Pakistan for such a period of time as required by the Federal Government or the notified officer for a final decision in the matter. Law Enforcement Agencies of the Federal Government as well as the Provincial Government are restrained from taking any adverse action against these petitioners for their stay in Pakistan for a period of 60 days or such extended time if allowed by the Federal Government,” the court order added.
Since August 15, 2021, thousands have fled Afghanistan seeking safe haven in bordering states, with many pouring into Pakistan. These migrants include women and artists, both of whom face severe threats to their lives in Afghanistan.
In August 2024, Taliban morality police reported that they had “seized and destroyed” more than 21,000 musical instruments over the past year as part of a crackdown on what they described as anti-Islam practices.
However, in October 2023, Pakistan announced the immediate deportation of undocumented immigrants, a policy that came into full effect on November 1, 2023. The country also enforced a strict visa regime for all travel along the Pakistan-Afghanistan border. So far, over 500,000 Afghans have been deported under this widely criticized policy, with many refugees believed to be at risk of violence in their home country.