Lawyer says Pakistan high court order halting deportation of Afghan artists offers ‘hope’

PESHAWAR: A lawyer representing undocumented musicians and transgender people from Afghanistan said on Saturday he was hopeful a recent court verdict would make his clients’ lives easier in Pakistan after they fled their country due to fear of persecution in the wake of the Taliban’s return to power in 2021.
A two-member bench of the Peshawar High Court, comprising Justices Ijaz Anwar and Waqar Ahmad, instructed the Pakistani authorities not to “harass” these musicians while hearing their petition pending further proceedings.
It also issued an order prohibiting the forced repatriation of these individuals seeking asylum in Pakistan until the court issued its final directive.
The Afghan Taliban imposed a ban on music soon after taking over the capital city of Kabul over two years ago, considering it against the principles of Islamic Shariah.
The musicians filed a case in the Peshawar High Court last October to prevent their return to Afghanistan, following a massive deportation drive for unregistered foreigners initiated by Pakistani authorities citing security reasons.
“The recent development offers hope for Afghan artists and transgender people who fear persecution if they are deported to Afghanistan,” Advocate Mumtaz Khan told Arab News on Saturday.
He noted that many Afghan musicians were detained and harassed by the police due to a lack of documentation.
“The situation of Afghan musicians has remained dire,” he continued. “They cannot move freely or hold public concerts.”
Khan maintained these people had fled their country to save their lives where the Afghan interim administration officials had been arresting and beating musicians.
According to official documents prepared by the home and tribal affairs department of Khyber Pakhtunkhwa, 354,255 unregistered foreigners have been repatriated via the northwestern Pakistani province that shares its border with Afghanistan since September 17.
The international community, including the United States and various UN agencies, has urged Pakistan not to deport vulnerable Afghan nationals, expressing concerns over risks to their lives amid ongoing human rights challenges in the neighboring state.
Speaking to Arab News, Faiz Muhammad Sakhi, a former musicology professor at the Kabul University who fled to Pakistan after the Taliban takeover, said his sons had been arrested by the police due to their lack of documents.
“I’m currently trying to secure their bail through court,” he said.
“Our lives are not very good in Pakistan,” he continued. “Neither can we go back to Afghanistan. I hope the recent court order will lessen our difficulties in this country.”

Lawyer says Pakistan high court order halting deportation of Afghan artists offers ‘hope’