SHC orders FIA to remove hurdles in repatriation of Bengalis

KARACHI: A constitutional bench of the Sindh High Court (SHC) on Saturday directed the Federal Investigation Agency (FIA) to remove unnecessary obstacles preventing ethnic Bengalis from returning to Bangladesh.

During the hearing, counsel for the petitioners informed the court that the applicants had obtained travel permits from the Bangladesh High Commission using Bangladeshi documents. However, FIA immigration officials were refusing to allow them to leave Pakistan.

The petitioners’ lawyer also submitted that they had been facing harassment while seeking the required No Objection Certificate (NOC), despite their intention to permanently return to Bangladesh.

The government lawyer argued that the petitioners’ travel documents must first be verified by the Ministry of Foreign Affairs.

He further stated that the applicants’ NADRA registration would be examined and any Pakistani identity cards issued to them would be blocked. He maintained that, under the Foreigners Act, legal proceedings must be completed before they can be permitted to travel.

The constitutional bench observed that while the fundamental right to leave the country is subject to legal restrictions and due process, the authorities cannot ignore the legal requirements relating to immigration clearance, identity verification, and deportation.

The court held that once valid travel permits have been issued, it is the responsibility of the relevant authorities to complete the necessary legal formalities without causing unnecessary delays.

Justice Adnan-ul-Karim Memon directed the FIA not to create unnecessary hurdles in the petitioners’ repatriation and ordered the authorities to complete the process of their return to Bangladesh, or deportation where applicable, strictly in accordance with the law.

The court also directed the petitioners to provide the required documents for verification of their identity.

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There are estimated to be over a million ethnic Bengalis now living in Pakistan, many of whom arrived during the war, after which East Pakistan declared independence and became Bangladesh.

The vast majority of Bangladesh’s population of 170 million people identify as belonging to the ethnic and linguistic group, and tens of millions more Bengalis live across South Asia, mostly in neighboring India.