School closure order: PHC freezes deportation of Turkish teachers
Invites federal govt to submit response till next Thursday
CBA CEO Shah assured the court that the green belt or trees would not be harmed. PHOTO: PPI
PESHAWAR:
The Peshawar High Court (PHC) on Wednesday issued a temporary injunction against the ‘abrupt’ deportation of PakTurk Schools’ teachers and their families in Hayatabad and restrained the federal government from taking any action against them.
The court also issued a notice to the federal government to submit its reply till next Thursday and fixed the next hearing for December 1.
The restraining orders were issued by a division bench comprising Justice Yahya Afridi and Justice Ikramullah on a petition filed by 78 parents and families of Turkish teachers, challenging the government’s order asking them to leave within three days.
Counsel for the petitioners Qazi Muhammad Anwar challenged the legality of the move to order Pak Turk Schools management, teachers and their families to leave Pakistan. He pointed out that the schools were affiliated with the Cambridge University and were offering O’ and A’ Level studies to around 11,000 Pakistani students enrolled in 26 campuses across the country.
Anwar argued that on November 11, the federal government, on the recommendation of the Ministry of Foreign Affairs, refused to extend their visas and asked them to leave the country by November 14 and issued them exit passes.
He described the three-day deadline as unreasonable and said it ignored the interests of local students.
“The denial to extend their visas is also a violation of Article 25A of the Constitution, besides being repugnant to articles 4, 10A and 18 and against the regulatory framework of Pakistan,” he said.
He argued that the deportation order was harsh, draconian and irrational, entailing grave sufferings and hardships for the teachers, as well as the students and their parents. “Besides, the Turkish families have not been provided any valid reason for the decision; therefore, this is violative of the universally accepted principles of justice,” he argued.
Citing Article 24A of the General Clauses Act, he said the authorities should have provided valid reasons before the issuance of the deportation order.
He contended that the teachers, other staffers of the schools and their families have committed no crime that could lead to their deportation.
Besides, Qazi Anwar said, the students were in the middle of their academic session that would end in March 2017. Such an unpleasant exit of teachers at this critical stage would adversely affect the students and create distress for their parents.
He called for the order to be set aside because it was unjust, illegal and against the norms of justice. The bench asked Deputy Attorney General Kifayatullah to contact the federal government on the petition and inform the court after the break.
When the hearing was resumed, Deputy Attorney Generals Musarratullah and Kifayatullah argued that the federal government has already issued deportation notices to the Turkish nationals working for the Pak Turk Schools.
However, the bench accepted the petitioners’ appeal and stayed their deportation.
‘On their way out’
Despite the PHC order, Turkish teachers and their families have made up their minds to leave Pakistan.
Talking to The Express Tribune in a farewell event on Wednesday arranged by the parents of the PakTurk School in honour of the outgoing Turkish teachers, the school’s former director Ilhan Erdogan said some of his colleagues will leave the country today (Wednesday) and others will leave till November 30.
When asked if they could stay till the final verdict of the PHC, Erdogan said the colleagues have already booked flights for Turkey and couldn’t wait for the court’s decision.
Published in The Express Tribune, November 24th, 2016.
The Peshawar High Court (PHC) on Wednesday issued a temporary injunction against the ‘abrupt’ deportation of PakTurk Schools’ teachers and their families in Hayatabad and restrained the federal government from taking any action against them.
The court also issued a notice to the federal government to submit its reply till next Thursday and fixed the next hearing for December 1.
The restraining orders were issued by a division bench comprising Justice Yahya Afridi and Justice Ikramullah on a petition filed by 78 parents and families of Turkish teachers, challenging the government’s order asking them to leave within three days.
Counsel for the petitioners Qazi Muhammad Anwar challenged the legality of the move to order Pak Turk Schools management, teachers and their families to leave Pakistan. He pointed out that the schools were affiliated with the Cambridge University and were offering O’ and A’ Level studies to around 11,000 Pakistani students enrolled in 26 campuses across the country.
Anwar argued that on November 11, the federal government, on the recommendation of the Ministry of Foreign Affairs, refused to extend their visas and asked them to leave the country by November 14 and issued them exit passes.
He described the three-day deadline as unreasonable and said it ignored the interests of local students.
“The denial to extend their visas is also a violation of Article 25A of the Constitution, besides being repugnant to articles 4, 10A and 18 and against the regulatory framework of Pakistan,” he said.
He argued that the deportation order was harsh, draconian and irrational, entailing grave sufferings and hardships for the teachers, as well as the students and their parents. “Besides, the Turkish families have not been provided any valid reason for the decision; therefore, this is violative of the universally accepted principles of justice,” he argued.
Citing Article 24A of the General Clauses Act, he said the authorities should have provided valid reasons before the issuance of the deportation order.
He contended that the teachers, other staffers of the schools and their families have committed no crime that could lead to their deportation.
Besides, Qazi Anwar said, the students were in the middle of their academic session that would end in March 2017. Such an unpleasant exit of teachers at this critical stage would adversely affect the students and create distress for their parents.
He called for the order to be set aside because it was unjust, illegal and against the norms of justice. The bench asked Deputy Attorney General Kifayatullah to contact the federal government on the petition and inform the court after the break.
When the hearing was resumed, Deputy Attorney Generals Musarratullah and Kifayatullah argued that the federal government has already issued deportation notices to the Turkish nationals working for the Pak Turk Schools.
However, the bench accepted the petitioners’ appeal and stayed their deportation.
‘On their way out’
Despite the PHC order, Turkish teachers and their families have made up their minds to leave Pakistan.
Talking to The Express Tribune in a farewell event on Wednesday arranged by the parents of the PakTurk School in honour of the outgoing Turkish teachers, the school’s former director Ilhan Erdogan said some of his colleagues will leave the country today (Wednesday) and others will leave till November 30.
When asked if they could stay till the final verdict of the PHC, Erdogan said the colleagues have already booked flights for Turkey and couldn’t wait for the court’s decision.
Published in The Express Tribune, November 24th, 2016.