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Centre pleads with PHC to reject petitions on Turkish teachers` visa issue

By Waseem Ahmad Shah 2016-12-02
PESHAWAR: The interior ministry on Thursday requested the Peshawar High Court to dismiss two petitions challenging denial of extension in visas of Turkish staff of Pak-Turk School and College, Peshawar, insisting it`s the prerogative of the government to grant or cancel visa of any foreigner.

A bench consisting of Chief Justice Mazhar AlamMiankhel and Justice Mohammad Ibrahim Khan extended the stay order earlier issued against the extradition of Pak-Turk schooPs Turkish staff members and their family members up to Dec 13 and adjourned the hearing into the two petitions until then. At the same time, it asked petitioners to file a rejoinder to the interior ministry`s contention.

Deputy attorney general Mussaratullah Khan produced the interior secretary`s comments saying the issue pertained to foreign policy and that it was up to the federal government to make such decisions.

He claimed that the Turkish government had been sending replacements of all Pak-Turk school staff members, whose visas hadn`t been extended by Pakistani government.

The deputy attorney general said the government had not issued any order regarding the closure of any Turkish school in the country and instead, it hadn`t extended visas of Turkish staff members.

He added that those staff members were mostly functioning on administrative posts and not teaching ones.

One of the petitions is jointly filed by 68 parents including advocate Shah Mohammad Khan and others, and 10 Turkish teachers of the said school, whereas the other petition is filed by students oftheinstitution.

Due to importance of the matter, three deputy attorneys general, including Mussaratullah Khan, Arshad Hussain Shah and Kifayatullah, appeared for the federal government.

They pointed out that almost identical petition was filed with the Islamabad High Court and that was rejected.

The petitioners represented by lawyers Qazi Mohammad Anwar and Khalid Tanveer Rohaila said the Pak-Turk Educational Foundation running Pak-Turk schools in the country had submitted an application to the interior ministry for extension in visas of its staff members and families sayingthey, including 10 teachers, had been serving in 26 countrywide school branches.

They said the foundation had been informed that their request for visa extension would be considered at appropriate level but it had not been acceded through a letter issued on Nov 11, 2016.

The lawyers said soon thereafter, another letter was received by the foundation from the interior ministry whereby all Turkish nationals whose visa extension was regretted were directed to leave the country within three days.

They said the decision of not extending visa at this juncture in an abrupt manner would have devastating consequences for over more than 11,000 students enrolled in 26 countrywide Pak-Turk schools including their clients` children.

In its comments, the interior ministry said the Pak-Turk Education Foundation had applied for extension in visas of its staff members in Aug 2016.

It added that around 90 percent visas of the people in question expired in Sept 2016 but they stayed in the country without visa extension.

The minister said it issued those people `regret letter` over visa extension denial after following the due process.

`The Ministry of interior (MoI) has not issued any order regarding the closing of Turkish schools. The Mol only canceled the visas of Turkish teachers which is prerogative of the federal government in terms of Section 3 of the Foreigners Act, 1946 and Article 3(3) of Foreigners Order, 1951.

`It is humbly prayed that the instant petition may be dismissed with costs as MoI has not ordered to close the schools but has only cancelled the visas of Turkish teachers which is prerogative of federal government,` it said. The petitioners pointed out that the students were in th middle of their academic session, which would continue until Mar 2017.

They requested the court to set aside the impugned letters issued on Nov 11 and Nov 14 declaring them illegal, unlawful and in consideration of extraneous and irrelevant factors and without application of judicious mind.

Following a failed bid of military coup in Turkey in July, Turkish president Tayyip Erdogan began an international campaign against the interests of rival Fatehullah Gulen and his movement.

In a visit to Pakistan early in Aug, Turkish foreign minister Mevlut Cavusoglu said it was not a secret that Gulen movement had institutions and had its presence in Pakistan and in many other countries.

Despite the denial of the administration of Pak-Turk schools regarding their af filiation with the Gulen movement, the controversial letter regarding the expulsion of Turkish teachers was issued before the recent visit of the Turkish president to Pakistan.