Islamabad High Court judge questions legal status of Afghan students

ISLAMABAD: The Islamabad High Court has raised important legal questions over the maintainability of a constitutional petition seeking extension of visas for 87 Afghan students currently residing in Pakistan on student visas.

Justice Khadim Hussain Soomro raised questions regarding the legal status of the Afghan students as well as the authority of their lawyer to represent them before the court.

During the hearing, the judge questioned the petitioner’s counsel about the circumstances in which the Afghan students were allowed to enter Pakistan and whether similar treatment could be sought by students from other countries.

“Sir, we are currently at war with the Afghans. If Indian students come, will you allow them to come too?” Justice Soomro asked the counsel.

The lawyer submitted that the 87 Afghan students had arrived in Pakistan in 2023, when, according to him, the national policy regarding Afghan students was different.

Justice Soomro observed that the petition had been filed under the constitutional jurisdiction of the high court and questioned whether the Constitution provided Afghan nationals with a right to invoke such jurisdiction.

The counsel argued that the students had entered Pakistan on valid student visas for a period of one year and that their presence in the country had been permitted by the government.

The judge then questioned the authority under which the lawyer had obtained power of attorney from the 87 Afghan students.

“Under which law have you taken power of attorney from these 87 Afghan students?” Justice Soomro asked.

The court also suggested that the students should approach the Afghan embassy in connection with their matter instead of seeking relief through the constitutional jurisdiction of the Islamabad High Court.

“You should go to the Afghan embassy and your case will be heard there. The Afghan embassy will contact the Pakistani embassy,” the judge remarked.

The petitioner’s counsel said that he would assist the court on the legal questions raised during the proceedings.

The case concerns the extension of visas of 87 Afghan students who came to Pakistan in 2023 to pursue their studies.

The petitioners have sought relief regarding their continued stay in Pakistan following the expiry or impending expiry of their student visas.

The court subsequently adjourned further hearing of the case.

Published in Dawn, August 29th, 2026