ISLAMABAD: The Supreme Court of Pakistan has suspended a Peshawar High Court verdict that had granted Pakistani citizenship to an Afghan national on the basis of his marriage to a Pakistani woman.
A three-member bench, headed by Justice Shahid Waheed, heard the case concerning the issuance of a Pakistan Origin Card (POC) to the Afghan citizen.
During the hearing, Additional Attorney General Rana Asadullah appeared before the court and informed the bench that the federal government had already filed an appeal against the Peshawar High Court’s decision dated December 1, 2023.
Rana Asadullah explained that the High Court had ruled that if an Afghan man marries a Pakistani woman, he should be eligible to receive both a Pakistan Origin Card and Pakistani citizenship.
However, the government has raised objections to the portion of the ruling that concerns the granting of citizenship, arguing that such entitlement does not exist under existing Pakistani law.
During the proceedings, Justice Musarrat Hilali questioned the legal basis for granting citizenship and inquired about the number of pending applications. The Additional Attorney General responded that 117 individuals had so far applied under similar circumstances. Justice Hilali remarked, “These are only those who have come forward.”
Counsel for the National Database and Registration Authority (NADRA) stated that a valid visa is a mandatory requirement for any Afghan national who marries a Pakistani woman.
At this point, Justice Hilali observed that it was essential to determine whether “a person entered through the gate or climbed over the wall,” highlighting the importance of verifying whether the applicant’s entry into Pakistan was legal or illegal.
Following the arguments, the Supreme Court suspended the Peshawar High Court’s verdict and ordered that the matter would remain under consideration until further proceedings.
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