PESHAWAR: Peshawar High Court on Tuesday disposed of plea of around 108 Afghan artists, seeking directives for federal and provincial governments and law enforcement agencies not to deport them to Afghanistan.
The high court directed the Afghan artists to approach government for getting visas for their stay in Pakistan.
A bench consisting of Justice Wiqar Ahmad and Justice Farah Jamshed observed that if the petitioners couldn’t get any relief from government, they could then again approach the high court.
The bench pronounced a short order of disposing of a petition jointly filed by Afghan musicians, singers and other artists including Hashmatullah Omid and others, requesting the court to direct respondents including federal interior ministry and KP home department, in coordination with UNHCR, to ensure registration, documentation and grant of temporary lawful stay to the petitioners, determination of their protection claims pending before different international bodies.
PHC disposes of their plea against deportation
The petitioners feared that they would be persecuted by the Taliban regime in Afghanistan if they were deported from Pakistan.
They had sought declaration of the court to the effect that their forcible return or deportation to Afghanistan, in the prevalent circumstances there, would be unlawful and unconstitutional.
The bench observed that it would be appropriate for the petitioners to first approach government for getting visas
The petition included as respondents the federal secretaries of interior and cabinet divisions, National Database and Registration Authority (Nadra) through its director general, director general of immigration and passport, Federal Investigation Agency through its director (headquarters), Khyber Pakhtunkhwa chief secretary and its home secretary, UNHCR through its country representative and International Organisation for Migration (IOM) through its chief of mission.
Petitioners’ counsel Babar Khan Yousafzai stated that his clients were artists mainly affiliated with the art of singing and music.
He said that stance of the Taliban regime regarding singing and such like arts was very clear from the day they had taken over power in Afghanistan as they publicly denounced singing and music, banning it completely and persecuting those, who had developed those skills.
He stated that the petitioners were faced with option either to die of hunger as they had no other skill to earn livelihood for their families or flee for their lives and livelihood for their families.
He contended that they had chosen the second option and took refuge in Pakistan from persecution, which was at that time welcomed by the government.
He claimed that since the Taliban takeover in 2021, artists had been systematically targeted, silenced and subjected to threats, violence and severe restrictions.
He said that the petitioners were under imminent threat of deportation, which would most certainly lead to their persecution, putting their lives and way of life under grave danger.
The counsel argued that the principle of non-refoulment formed part of customary international law and it prohibited return of individuals to territories where they faced real risk of persecution.
He stated that the tripartite agreement inked among governments of Pakistan and Afghanistan and UNHCR in 2003, ensured the safety of Afghans taking refuge in Pakistan by granting them refugee status and were immune to forceful repatriation.
However, he said that through a notification of federal interior ministry, Proof of Registration (POR) cards and Afghan Citizens cards (ACC), which once ensured the safety of the petitioners, stood expired.
The lawyer contended that their case was not ordinary as they not only faced threat to their profession but also to their lives.
He said that prior to approaching the high court, they had
contacted UNHCR and IOM Pakistan through their country representative and chief of the mission, respectively, for assistance and protection within their respective humanitarian mandates.
Such representations, he stated, didn’t provide immediate protection against arrest, detention or deportation by state authorities.
Published in media, March 25th, 2026
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