Law: Foreigners Act, 1946

Section: 3, 14(1), 14(2), 14-A

Law: Constitution of Pakistan 1973

Section: 4, 9, 10-A, 14

   Summary The applicant, an Afghan national, sought post-arrest bail in a case registered under Section 14 of the Foreigners Act, 1946 for allegedly overstaying in Pakistan after the expiry of his legal status. He asserted that he possessed an Afghan Citizen Card (ACC), a Proof of Registration (PoR) document, a Pakistan Origin Card, was married to a Pakistani citizen since 2015, had four children, and had already obtained a prior High Court order directing that his nationality claim be decided within six months while restraining the authorities from deporting him or taking adverse action. The High Court held that the allegation related to continued unlawful stay rather than illegal entry into Pakistan, making the case prima facie punishable under Section 14(1) instead of Section 14(2). Consequently, the statutory bar on bail under Section 14-A was not attracted. The Court further observed that important legal questions regarding the applicant's nationality, validity of the executive notification, and effect of the earlier writ order required trial and constituted further inquiry. The Court also emphasized that constitutional protections of liberty, due process, dignity, and protection of law extend to every person in Pakistan, including foreigners, and that continued detention without progress toward deportation would amount to unjustified deprivation of liberty. Accordingly, the Court allowed the bail petition and granted post-arrest bail subject to furnishing surety. Tagline A foreign national accused only of unlawful continued stay under the Foreigners Act is entitled to bail where the allegation does not involve illegal entry, the statutory bar under Section 14-A is inapplicable, and constitutional guarantees of liberty and due process remain available to every person. ORDER; Dr. Khurshid Iqbal, J.- The applicant-accused, Hazrat Ullah, is an Afghan national. He was arrested in FIR No.192 dated 28.02.2026, registered under section 14 of the Foreigners Act, 1946, at Police Station Mingora, District Swat, on the allegation that his continued stay in Pakistan has become unlawful. Having failed to secure post-arrest bail before the learned Courts…