The Peshawar High Court (PHC) has rejected the asylum petitions submitted by two former Afghan military officers, Abdul Mujeeb Ghairat and Baryalai Sharifi, who sought refuge in Pakistan. The court determined that the petitioners failed to demonstrate any infringement of their constitutional fundamental rights, leading to the dismissal of their requests.
Both individuals had applied for temporary stay in Pakistan, visa extensions, and protection against arrest or deportation, citing severe threats to their safety if returned to Afghanistan. However, the court found these concerns to be speculative and insufficient to invoke the High Court’s constitutional jurisdiction under Article 199.
In the judgement, it was noted that Abdul Mujeeb Ghairat served as a special agent in the protective service of the former Afghan president, while Baryalai Sharifi held the rank of general in the former Afghan National Army. They argued that returning to Afghanistan would expose them to significant risks.
The petitioners supported their claims with Afghan passports and other documentation, requesting emergency medical treatment, temporary residency, visa renewals, and protection from arrest or harassment. Ghairat also informed the court that he had already submitted an online application for his visa extension.
In a significant development, the court clarified that issues related to the stay of foreign nationals, visa issuance, extension, cancellation, and immigration matters fall solely under the jurisdiction of the relevant executive authorities as per applicable laws, and are not within the court’s purview.
