August 29, 2026
By Hafiz ullah Storai Sherani
ISLAMABAD
Trapped in an administrative limbo and living under the constant fear of arrest, 87 Afghan university students enrolled across Islamabad’s higher education institutions have now turned to the Islamabad High Court (IHC) seeking urgent judicial intervention.
The petition, filed on behalf of 58 male and 29 female scholars pursuing undergraduate (BS), master’s (MPhil), and doctorate degrees, highlights the rising tension between academic life and strict diplomatic policies. Many of the applicants are in their final or penultimate semesters, but their academic futures have been halted as visa extension requests remain frozen inside the Ministry of Interior for seven to eleven months.
Pending extensions and the threat of detention
Lead counsel Advocate Aimal Khan Mandokhail told the court that the students legally entered Pakistan under valid one-year study visas issued by the Ministry of Interior. However, as diplomatic tensions mounted, federal authorities suspended visa extensions and halted new study permits for Afghan nationals.
Despite submitting renewal applications well within their required timeframes, no official decisions have been rendered by the ministry.
The situation turned critical following federal directives ordering police and security agencies to detain and deport foreign nationals who lack valid documentation. Counsel noted that the petitioners including female students are living under virtual house arrest in their hostels and private accommodations, fearing routine police arrest or summary deportation while travelling to campuses.
“These students entered Pakistan legally on state-sanctioned visas to pursue higher education,” Advocate Mandokhail argued. “They are mid-degree, with some just months away from graduation. To treat them as undocumented migrants while the government sits on their pending applications violates basic administrative fairness.”
During the preliminary hearing before Justice Khadim Hussain Soomro at the IHC, the legal team requested an order compelling the Ministry of Interior to process the pending applications, along with an interim injunction restraining law enforcement from arresting or deporting the petitioners.
However, the proceedings took a tense turn when the bench questioned the maintainability of the petition and raised national security concerns.
Justice Soomro pointed to ongoing friction, remarking during the hearing.
“Counselor, we are currently in a state of conflict with Afghanistan. If Indian students were to arrive today, would you allow them to enter as well?” he asked.
The court further questioned whether the Pakistani Constitution granted foreign nationals the right to invoke the high court’s writ jurisdiction under Article 199, and asked under what authority the lawyer had obtained power of attorney from all 87 petitioners.
Justice Soomro suggested that the students should resolve their status through diplomatic channels, including the Afghan Embassy in Islamabad, rather than seeking constitutional remedies.
Advocate Mandokhail countered the bench’s premise, stating that the Government of Pakistan has never formally or constitutionally declared Afghanistan an “enemy state”. Under Pakistani law, such a declaration requires an official executive notification passed by a two-thirds majority in Parliament, a standard that does not apply to Afghanistan.
He added that the students arrived under a different national framework, and that formal diplomatic letters from the Afghan Embassy to Pakistani ministries regarding the visa delays are already part of the court record.
Student distress and diplomatic steps
The legal uncertainty has sent shockwaves through the academic community. Representatives from the Afghan Students Union in Islamabad, voiced deep concern over the persistent delays, emphasizing that students who fulfilled every legal requirement now find themselves unable to sit for examinations or move freely outside their dormitories.
A representative from the student union, speaking on condition of anonymity, explained, “We came here through proper legal channels to build our futures through education. We paid our university fees, submitted visa extension forms on time, and abided by every rule. Now, we cannot attend classes without fearing police roundups and arrests. We are scholars, not security threats.”
Official Afghan diplomatic sources in Islamabad confirmed that they have sent official communications to the Pakistani Ministry of Foreign Affairs and Ministry of Interior, urging a structured visa renewal process for registered students to protect bilateral academic ties.
The IHC adjourned the hearing after directing counsel to prepare detailed legal arguments regarding the constitutional maintainability of petitions filed by foreign nationals and the scope of judicial review in visa extension matters.