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.
