KARACHI: The Sindh High Court (SHC) on Tuesday directed federal and provincial authorities to ensure that they provide notice, a fair hearing and follow the principles of fairness and proportionality before taking any future action under the Illegal Foreigners repatriation plan.

A two-member constitutional bench headed by Justice Adnan-ul-Karim Memon issued the directive while hearing a petition filed by a Pakistani citizen whose petrol pump and cattle farm authorities sealed over allegations that he acted as a front man for Afghan nationals.

The petitioner named the Ministry of Interior, Sindh chief secretary, home secretary, Karachi commissioner, deputy commissioner (South) and other officials as respondents. He argued that authorities had wrongly included his properties in a list of assets allegedly linked to Afghan nationals under the federal government’s repatriation policy.

Assistant Attorney General told the court that authorities had sealed the properties under the Illegal Foreigners Repatriation Plan after classifying them as Category-II (benami) properties allegedly linked to an Afghan national.

Gul Plaza Fire: Court orders fresh statements from suspects, SBCA officials

He further informed the bench that authorities had completed a cross-verification process following an earlier court order by obtaining reports from the National Database and Registration Authority (Nadra), Federal Investigation Agency (FIA), Federal Board of Revenue (FBR), intelligence agencies and other departments. He added that officials had forwarded the matter to the relevant authorities for further action in accordance with the law.

The bench observed that it had earlier ordered a comprehensive verification to determine the petitioner’s citizenship, the source of his properties and any alleged connection with foreign nationals.

The judges noted that Nadra had verified the petitioner’s Computerised National Identity Card (CNIC) and family record. They also observed that the respondents had failed to produce any evidence showing that the petitioner acted as a front man or benamidar for any foreign national.

The court said the findings had substantially weakened the basis on which authorities sealed the properties, although it remained the respondents’ responsibility to complete the verification process and act according to the law.

The bench ruled that authorities could not continue sealing the properties indefinitely after completing the verification process without finding any evidence against the petitioner. It observed that temporary administrative measures for verification could not become a permanent restriction on property ownership, livelihood or business activities.

The judges further noted that the continued closure of the petitioner’s businesses violated his constitutional right to conduct lawful trade under Article 18 of the Constitution.

The bench also expressed concern over the denial of access to the cattle farm, where around 100 animals remained, saying the situation raised questions about their welfare and humane treatment.

The court held that the authorities’ continued inaction, despite verification in the petitioner’s favour, amounted to arbitrary use of administrative powers and conflicted with constitutional guarantees of due process, protection of property and the right to conduct lawful business.

The SHC directed the respondents to immediately unseal the petitioner’s properties and restore his lawful access to them.

The bench also instructed the authorities to ensure that any future action under the Illegal Foreigners Repatriation Plan follows due process by providing prior notice, an opportunity to be heard and adherence to the principles of fairness and proportionality.

While disposing of the petition, the court clarified that allegations of official misconduct and any proceedings arising from a registered FIR would continue before the competent legal forums in accordance with the law.