islamabad - A Division Bench of the Islamabad High Court yesterday suspended a single bench’s verdict wherein it had declared a petition challenging the government’s order for the expulsion of foreign teachers working with Pak-Turk schools as ‘not maintainable’.

The DB comprising of Justice Athar Minallah and Justice Miangul Hassan Aurengzeb conducted hearing of the Intra Court Appeal (ICA) moved by chairman Pak-Turk Schools and issued notices to the respondents and deferred the hearing with date in office.

Chairman Pak-Turk Schools Alamgir Khan moved the ICA through his counsel Babar Sattar Advocate and cited Interior Ministry and two Turkish staffers as respondents.

The petitioner prayed to the court in the ICA that the judgment of single bench may be set aside and the decision of the Interior Ministry to refuse to extend the visas of the teachers and staff of the school may also be set aside.

He further requested the court to direct Interior Ministry to grant visas to the teachers and staffs at least till the conclusion of the academic year 2017-17.

Earlier, the IHC judge Justice Aamer Farooq had decaled the petition challenging the expulsion of the teachers and staff of the school as not maintainable by citing eight reasons.

It is pertinent to mention here that in the same matter, the Lahore High Court and Sindh High Court have provided an interim relief to the Pak-Turk schools’ staff.

In the detailed verdict, the IHC single bench mentioned that the applications were moved in August while the visas of the Turkish teachers expired in September. However, on Nov 14, they were granted the exit permit till November 20.

Justice Farooq noted, “The permission to enter or remain in the country is the sole prerogative of any sovereign state...the permission once granted … can be revoked.”

He mentioned an order authored by him regarding the rejection of the visa applications of the faculty of Convent School in June last year. “Leave to foreigners to stay in Pakistan is in the nature of concession/privilege and cannot be termed as a right to remain in the country.” The bench referred to another judgment of a division bench of the West Pakistan High Court of 1962 and said, “Government of Pakistan is not bound to give its reasons why it does not want a foreigner to stay in Pakistan beyond certain date.”

The judge also cited a judgment of Peshawar High Court of 1980 which stated, “Every sovereign state has inherited powers to restrict entry in to its territory. This right of sovereign state cannot be hampered with by any principle of natural justice or on the ground of equity.”

He noted, “The government is empowered to provide for prohibiting, regulating or restricting the entry of foreigners into Pakistan or their departure…the power exercised by the interior ministry was within its authority and cannot be termed as misuse of authority.”

Then, Justice Aamer concluded, “In view of the above judgment and principles laid down therein, the challenge to impugned letters dated November 11, 2016, and November 14, 2016, (regarding expulsion of teachers) is not maintainable.”