She said this as a three-member bench comprising Justice Malik, Justice Sardar Tariq Masood, and Justice Yahya Afridi took up a set of petitions challenging the caretaker government’s decision to expel illegal immigrants.

The applications sought restraining orders against the decision.

At the hearing, petitioner Farhatullah Babar maintained that the interim setup does not have the mandate to expel illegal immigrants. The Afghan immigrants who are being expelled have already applied for asylum, he added.

Babar, who belongs to the PPP, said that the court has the prerogative to protect the rights of citizens.

Justice Afridi inquired about the fundamental rights being violated in the current case. Articles 4 (right of individuals to be dealt with in accordance with the law), 9 (security of a person), 10 (right to fair trial) and 25 (equality of citizens) of the Constitution, the petitioner replied.

Justice Masood said: “Should those who have been living [in the country] for the past 40 years stay here? Assist the court on this.”

Meanwhile, Justice Ayesha remarked that Pakistan was bound by the United Nations conventions that protected the rights of refugees.

Later, the court issued notices to the federal government and the apex committee and adjourned the hearing of the case till next week.

Illegal immigrants – including Afghan refugees – started returning home after Pakistan set a November 1 deadline for them to return home or face deportation.