There are 196 countries in the world, and Pakistan ranks seventh in the number of citizens attempting illegal migration, commonly known as the “Dunki” route. Every year, thousands of Pakistanis risk their lives by using illegal channels to reach Europe and other destinations in search of a better future.
But why are so many people willing to risk everything? More importantly, what is the legal position on human smuggling, and why has Pakistan’s judiciary adopted a strict approach against those involved?
The Mediterranean Tragedy
In June 2023, nearly 200 Pakistanis lost their lives when an overcrowded migrant boat capsized in the Mediterranean Sea. Most of these individuals had traveled from different parts of Pakistan to the UAE, Saudi Arabia, Egypt, and Libya before attempting to enter Italy illegally through dangerous sea routes.
Unfortunately, many never reached their destination.
The tragedy raised an important question: Why were they forced to migrate illegally in the first place?
Why Do People Choose Illegal Migration?
For many Pakistanis, illegal migration is not their first choice—it is often their last.
Several factors contribute to this growing problem:
- Many applicants are unable to obtain visas because of strict immigration policies.
- Government employment opportunities are limited.
- The private sector fails to absorb the growing workforce.
- Many individuals continue to face the consequences of criminal cases even after being acquitted.
One of the biggest legal issues is the persistence of criminal records. Even when a person has been acquitted by a court, their criminal history often continues to appear in official records or character certificates. As a result, visa applications are frequently rejected.
When legal migration becomes almost impossible, many people fall into the hands of human smugglers.
The Human Smuggling Case
One of the victims of the Mediterranean tragedy was a young Pakistani whose mother later filed an FIR against a man named Arshad, alleging that he had arranged her son’s illegal journey.
According to the allegations, Arshad facilitated the victim’s travel from Pakistan to Dubai, then to Egypt, Libya, and finally towards Italy through the Mediterranean Sea. The young man has never been found, and it is feared that he was among those who drowned.
Arshad was arrested and applied for bail in 2024.
His bail application was dismissed by the Special Central Court. He then approached the High Court, where his bail was again rejected.
After spending one year in custody without the trial being completed or any prosecution witness being examined, he filed another bail application based on statutory grounds.
The High Court’s Judgment
Justice Tanveer Ahmed Sheikh delivered a detailed judgment explaining why bail was once again refused.
The Court observed that although statutory grounds may arise when a trial is delayed, the High Court still retains discretionary powers to grant or refuse bail depending upon the nature and gravity of the offence.
The judgment further explained that:
- In offences punishable with death or life imprisonment, statutory bail generally becomes available after two years of delay.
- In offences carrying punishment up to fourteen years, the statutory period is generally one year.
However, the Court emphasized that this case involved an extremely serious offence where a victim had disappeared and was presumed to have died during an illegal migration attempt.
The alleged offence was not merely a technical violation but part of an organized human smuggling operation that endangered human life.
For that reason, the Court refused to grant bail.
This judgment reflects the judiciary’s increasingly strict stance against human trafficking and illegal migration networks.
Should Only Human Smugglers Be Punished?
While courts are taking strong action against agents who organize illegal migration, another important legal question arises:
Should only the smugglers be held accountable?
Parents who knowingly pay agents to illegally send their children abroad, and individuals who voluntarily choose to migrate through unlawful means, also play a role in sustaining this illegal system.
Without demand, there would be no business for human smugglers.
The law should address both sides of the equation if illegal migration is to be effectively controlled.
The Growing Problem of Offloading Passengers
Pakistan has also witnessed a significant increase in passengers being “offloaded” from airports.
Last year alone, approximately 27,000 people were prevented from boarding international flights because authorities suspected they intended to migrate illegally.
Many individuals travel on Umrah, Hajj, visit, or work visas but later attempt to move illegally into European countries.
As a result, immigration authorities have adopted stricter screening procedures.
Unfortunately, these measures have also affected genuine travelers.
Many people with legitimate work visas, business visas, or religious travel plans have reportedly faced unnecessary delays, questioning, or offloading.
There have also been allegations that corrupt officials demand bribes to allow passengers to travel without obstruction, further undermining public trust in the immigration system.
The Need for Legal and Policy Reforms
Pakistan cannot solve the problem of illegal migration through enforcement alone.
Several structural reforms are necessary:
- Criminal records should be updated promptly after acquittals so innocent individuals are not unfairly denied visas.
- Individuals who knowingly participate in illegal migration—including those financing or arranging it—should face legal consequences.
- Stronger action must be taken against organized human trafficking networks.
- Corruption within immigration and airport authorities must be eliminated.
- Most importantly, Pakistan must improve economic opportunities, employment, and governance so citizens no longer feel compelled to risk their lives abroad.
Conclusion
Illegal migration is not merely an immigration issue—it reflects deeper economic, legal, and governance challenges.
The tragic deaths of hundreds of Pakistanis in the Mediterranean should serve as a reminder that desperate people often make dangerous decisions when legal opportunities disappear.
Courts have rightly adopted a strict approach against human smugglers, but long-term solutions require broader reforms. Ensuring fair legal processes, creating employment opportunities, maintaining accurate criminal records, and strengthening governance are essential steps toward reducing illegal migration.
Only by addressing the root causes can Pakistan protect its citizens from risking their lives in search of a better future.