The recent stance of the Supreme Court on the repatriation of illegal foreigners, particularly Afghan refugees, has sparked crucial concerns that delve into the heart of legal and constitutional considerations. Despite acknowledging international commitments, it is imperative to recognize that Pakistan is not a signatory to key refugee treaties, adding a layer of complexity to the issue.
Central to the discussion is the constitutional aspect, emphasizing that the right to life and liberty extends to individuals irrespective of nationality. A significant focus lies on the Court’s interpretation of the Citizenship Act 1951, particularly in Section 4, which grants nationality to those born in Pakistan. Equally pivotal is Section 5’s context, shedding light on parental nationality and clarifying eligibility for citizenship.
The challenge of repatriation is not exclusive to Pakistan, as other nations like Iran with Afghan refugees and Turkey with Syrians have undertaken substantial returns. However, the issue has become highly politicized, raising questions about the motivation behind the ‘vote bank’ strategy and concerns regarding the safeguarding of interests.
Caution is warranted in the judiciary’s role in inter-country matters, as past decisions have incurred significant financial losses. Navigating this issue demands a careful consideration of diplomatic implications and the adoption of a balanced approach.
