The Constitutional Bench of the Sindh High Court (SHC) has directed federal authorities to refrain from creating unnecessary obstacles in the repatriation process of foreign nationals, ordering that their return or deportation procedures be completed promptly in accordance with the law.
The directives were issued during a hearing concerning Bangladeshi nationals residing in Pakistan who faced administrative delays and alleged harassment while attempting to return permanently to their home country despite holding travel permits issued by their embassy.
Key Legal Arguments & Court Directives:
- Petitioner’s Stance: Counsel for the applicants argued that despite obtaining valid travel permits from the Bangladeshi High Commission, Federal Investigation Agency (FIA) Immigration authorities had halted their departure and obstructed NOC clearances.
- State Counsel’s Submission: State representatives maintained that travel documents must undergo verification via the Ministry of Foreign Affairs (MoFA). Furthermore, under the Foreigners Act, verification through NADRA database registers is mandatory, alongside the blocking of any improperly issued identity credentials, prior to departure clearance.
- Judicial Remarks: Presiding judge Justice Adnan-ul-Karim Memon remarked that while the fundamental right to travel abroad is subject to legal regulations, law enforcement agencies must efficiently complete identity verification and immigration clearances without subjecting departing foreign nationals to undue delay.
📊 Fact-Sheet Summary
- Judicial Forum: Sindh High Court (Constitutional Bench).
- Key Judge: Justice Adnan-ul-Karim Memon.
- Core Subject: Repatriation and deportation procedure of foreign (Bangladeshi) nationals.
- Involved Agencies: FIA Immigration, NADRA, Ministry of Foreign Affairs (MoFA).
- Court Order: Complete verification and repatriation process smoothly and expeditiously in strict compliance with the Foreigners Act.
