SC halts citizenship for Afghan men married to Pakistani women

The Supreme Court of Pakistan has suspended a Peshawar High Court (PHC) decision that granted citizenship to Afghan men married to Pakistani women, saying that it must be determined “whether a person entered through the gate or by climbing over the wall,” referring to the legality of their entry into Pakistan.

A three-member bench, headed by Justice Shahid Waheed, heard the case concerning the issuance of a Pakistan Origin Card (POC) to an Afghan national.

During the hearing, Additional Attorney General Rana Asadullah appeared before the court and said that the government had already filed an appeal against the PHC’s December 1, 2023 judgment.

He explained that the high court had ruled that any Afghan man married to a Pakistani woman should be issued a POC card.

He added, however, that the government had no objection to issuing the POC card itself, but the PHC had also directed that Pakistani citizenship be granted to such Afghan men.

Justice Hilali questioned, “On what grounds can citizenship be granted?” and asked how many applicants were involved. The Additional Attorney General informed the court that there were 117 petitioners in total. Justice Hilali observed that “these are only those who have come forward.”

A NADRA lawyer noted that a valid visa is a prerequisite for Afghan men marrying Pakistani women.

In response, Justice Hilali reiterated that it is necessary to determine “whether someone came over the wall or through the door.”

The Additional Attorney General further informed the court that contempt petitions were being filed in light of the PHC’s earlier ruling.