Pakistan court halts Afghan musicians’ repatriation for two months, orders decision on asylum cases

Afghan musicians perform during an interview with Arab News at their studio in Rawalpindi, Pakistan, on December 18, 2023. (AN/File)

• Afghan musicians feared persecution and fled their country after the Taliban’s return to power in 2021
• They filed a petition in the Peshawar High Court last year amid the government’s deportation campaign

PESHAWAR: A Pakistani court issued a short order on Friday, barring the forced repatriation of about 150 Afghan singers and musicians who fled their country after the Taliban’s return to power in 2021 and directing federal authorities to determine their status within two months.
The Peshawar High Court (PHC) issued the order after the musicians filed a petition last year, seeking asylum amid fears of persecution in their home country.
The Taliban had imposed a strict ban on music during their first stint in power from 1996 to 2001, suppressing musical expression and leading to the persecution of artists across Afghanistan.
A single-member bench of Justice Wiqar Ahmad issued a two-page short order, accepting the plea of the musicians and restraining the government from forcibly repatriating them to Afghanistan.
“The Federal Government or its notified officer shall decide cases of all these petitioners for grant or refusal of asylum within a period of two months,” the PHC order said.
“Till the final decision, these petitioners shall not be ousted from the territory of Pakistan nor otherwise compelled to leave Pakistan and go back to their native country Afghanistan,” it added.
Afghan nationals in Pakistan have lived in a state of uncertainty since 2023, when the government launched a major deportation drive against migrants living illegally in the country. The campaign primarily targeted Afghans amid an uptick in militant violence, with the government alleging that several of them were involved in attacks on Pakistani civilians and security forces.
The Afghan authorities in Kabul denied the allegations, saying their citizens were not responsible for Pakistan’s security challenges.
The court order said if the federal authorities were unable to decide the cases within 60 days, the interior ministry’s secretary should issue permission allowing the petitioners to stay for a period sufficient to reach a final decision.
“Law Enforcement Agencies of the Federal Government as well as the Provincial Government are restrained from taking any adverse action against these petitioners for their stay in Pakistan for a period of 60 days or such extended time if allowed by the Federal Government,” it added.
Afghan musicians described the court order as a “ray of hope,” saying the recent crackdown on their fellow nationals had sent shockwaves through their community.
“We were in fear, but the recent decision of the court has sparked happiness among our community,” Zarwali Afghan, a musician from Afghanistan, told Arab News. “We hope that the government will consider our cases on humanitarian grounds.”
The Afghan Taliban hold the belief that music is forbidden in Islam, though several schools of thought within the religion differ with their interpretation.
Last year, authorities in Kabul were compelled to clarify their stance after their diplomats in Pakistan and Iran refrained from standing during the playing of national anthems at official ceremonies.
The incident was perceived by both countries as disrespectful and contrary to diplomatic norms. However, the Afghan Taliban explained that their representatives meant no harm and would have stood if the national anthems had been played without background music.
Arab News attempted to seek a response from the interior ministry over the court order, but its spokesperson did not respond.