March 18, 2026
By Muhammad Danial
PESHAWAR
Outside the Peshawar High Court these days, a familiar and emotionally heavy scene repeats itself. Men and women clutch document folders, their eyes carrying exhaustion, their hearts still holding some sliver of hope.
For the Afghan refugee families gathered here, the court is no longer just a legal institution — it has become their last resort.
The scene has grown more urgent following a landmark ruling by the PHC. A single-member bench, headed by Chief Justice SM Attique Shah, rejected bail pleas filed by approximately 50 Afghan nationals detained on charges of illegal stay in Pakistan.
In nearly identical orders across the cases, the court declared that Proof of Registration (PoR) cards and Afghan Citizen Cards (ACC) — documents that many of these individuals have carried for years as proof of their lawful presence — are no longer valid authorisation for remaining in the country.
“It was an admitted position that at the time of their arrest, the accused-petitioners were not in possession of any valid documentary authorisation permitting their stay in Pakistan,” the bench ruled, adding that their continued presence had become unlawful under the Foreigners Act, 1946.
The legal framework
The court’s ruling rests on two government instruments. An SRO issued by the Ministry of Interior on July 31, 2025, extended the validity of PoR cards only until June 30, 2025 — making that date the final legal deadline for holders. A separate notification dated February 17, 2025, initiated the repatriation of ACC holders as part of the government’s Illegal Foreigners Repatriation Plan (IFRP), with voluntary departures beginning February 15 and forced deportations taking effect from April 1.
Under Section 14 of the Foreigners Act, unlawful stay is a punishable offence. Section 14-A further restricts bail for non-nationals residing without authorisation — what the bench described as a “statutory embargo” against granting bail in such matters.
The Additional Attorney General, Sanaullah, produced both instruments in court to argue that PoR and ACC cards had ceased to carry any legal standing.
Beyond rejecting bail, the court directed law enforcement agencies to ensure the “immediate and smooth departure” of all accused petitioners within one month of receiving the order, warning that failure to comply would result in action against responsible officials. Cases were referred to trial courts to be processed under Section 14-B of the Foreigners Act — which governs repatriation of those under trial or sentence — with the stipulation that no foreigner may be deported if they face charges beyond immigration-related offences.
Families in limbo
But behind every case number are lives that do not fit neatly into legal categories. Yar Muhammad, a resident of the Dargai camp, came to Pakistan from Afghanistan years ago. He married a Pakistani woman, has two children, and had long considered Pakistan home. The recent crackdown has upended everything. His children have been removed from school, and eviction notices have arrived repeatedly.
“Where am I supposed to go?” he asks. “My home, my wife, my children — everything is here. That is why I have come to court, to fight for our right to stay.”
He is not alone. Dozens of women like Sayyeda Jabeen and Shandana Gul have been making the daily journey to court, waiting in corridors and on pavements, seeking the release of husbands, fathers, and brothers arrested during police operations across Peshawar and other districts.
Jabeen’s voice carries the weight of nearly two weeks of uncertainty. Six members of her household were detained, and their home was subsequently demolished. “The children have no food, no water. It is the month of Ramazan. We go from one place to another, we are exhausted. We do not understand why this is happening to us. We want justice from this court — give us back our family,” she says.
Shandana Gul describes a near-identical ordeal. Six people from her family were arrested, and after eleven days of running between courts and offices, she is no closer to answers. “Eid is near and there is no one left to earn for us. Our homes have been demolished too — we are living in the open. We even have refugee cards, yet we are getting no relief.”
A policy without clarity
Attorney Usman Alam, who is representing several of the detainees, argues that the root of the crisis is not the law itself, but the absence of coherent policy implementation.
“The government’s strategy regarding Afghan refugees is unclear, and because of that, not just the public but the courts themselves are confused,” he says. “One court grants bail, another rejects it. The border is closed, Pakistan-Afghanistan tensions are high — keeping these people in jail under these circumstances makes no sense. Those who qualify should be given citizenship.”
His observation points to a structural inconsistency that predates this ruling. While KP had historically seen fewer large-scale operations against Afghan refugees compared to other provinces, recent months have brought a significant intensification of enforcement. Police raids across Peshawar and surrounding districts have led to the detention of hundreds of individuals, leaving families fractured and communities destabilised.
A larger question
The PHC ruling has sharpened a debate that Pakistani society has long deferred. When a person has lived in a country for decades — built a family there, raised children in its schools, been woven into its social fabric — can the expiry of a document strip away that belonging entirely? For the families standing outside Peshawar High Court, that question is not philosophical. It is the difference between a home and a forced departure to a country many of their children have never seen. The court has set a one-month deadline.