In the recent case of Rahil Azizi v. Federation of Pakistan, the
Islamabad High Court dealt with the application of Section 14 to
refugees. The Court stated that the International Covenant on Civil
and Political Rights (ICCPR), in Article 9, asserts the right to liberty
and security of person, emphasizing that no one should be subjected
to arbitrary arrest or detention. Article 12(2) reinforces the right to
freedom of movement, including the freedom to leave one's own
country. Similarly, the CAT, in Article 3(1), prohibits the expulsion,
return, or extradition of individuals to another state where there are
substantial grounds for believing they would face torture.36 These
provisions directly conflict with Section 14(2) if it is interpreted as a
strict liability offense. Under strict liability, the intention or
circumstances are not taken into account, and individuals are held
accountable irrespective of their reasons for entering or staying
unlawfully. This interpretation goes against the principle of nonrefoulement, as people fleeing persecution or torture may be
imprisoned upon reaching Pakistan.37
The Foreigners Act was enacted to regulate the entry and exit of
foreigners in Pakistan. It aims to deter illegal entry. Section 14(2)
penalizes illegal entry, categorizing it as a criminal offense with a
penalty of imprisonment up to 10 years. The Act does not explicitly
exempt refugees or consider their circumstances. A purposive
interpretation of the Foreigners Act must align with international law
principles, which recognize refugees' rights to safety, dignity, and
asylum. Moreover, penalizing individuals under Section 14(2) solely
for seeking refuge would violate these principles and constitutional
guarantees of life, liberty, and dignity under Articles 9, 10, and 14 of
the Constitution of Pakistan.38
Under Section 14(2) of the Foreigners Act, entering Pakistan with an
illegal purpose and knowingly doing so constitutes an offense. The
actus reus is entering Pakistan illegally, while the intention to enter
for an illegal purpose is the mens rea. However, seeking refuge to
36
Rahil Azizi v. Federation of Pakistan WP 1666 of 2023.
Ibid.
38
Ibid.
37
21