PESHAWAR: The Peshawar High Court on Friday disposed of the petitions of four Pakistanis seeking Pakistan Origin Cards (POCs) for their Afghan spouses and children, and directed the federal government to proceed with their cases.

A bench consisting of Justice Syed Arshad Ali and Justice Wiqar Ahmad directed the petitioners to formally contact the interior division through Form “F” of the Pakistan Citizenship Rules for decision on their POC requests.

Two of the petitions were filed by Pakistani women Shabana and Farzana, who sought directives of the court for the federal government to issue POCs to their respective Afghan husbands and their children.

The other petitions were filed by Pakistani men Mohammad Haris and Shahpur for the provision of POCs to their Afghan wives.

Asks govt to proceed with cases of petitione

Advocate Saifullah Muhib Kakakhel appeared for the petitioners and contended that under the Pakistan Citizenship Act and rules framed under it the spouses of those petitioners were entitled to be issued POCs.

He argued that the husband of the petitioner Shabana named Jawed was also born in Pakistan and was also entitled by birth to get the said card.

Meanwhile, the bench also issued orders to club 23 petitions with 90 similar ones for hearing on Dec 1.

In those cases, additional attorney general Sanaullah Khan and counsel for the National Database and Registration Authority Imran Gigyani contended that the petitioners mostly women had been seeking POCs for their Afghan spouses, who had either Proof of Registration cards or ACC Afghan Citizenship Cards.

They contended that as the petitioners were Afghan refugees, they were not entitled to POCs.

They contended that if POC was allowed for those petitioners, such people would approach the court in large numbers for relief.

Advocate Kakakhel contended that those petitioners had been seeking POCs for their husbands so that they could live in Pakistan and enjoyed rights like other Pakistani citizens.

He argued that POC Rules as issued by the Nadra provided for the POC grant to any foreigner, who was not a citizen of Pakistan but was married to a Pakistani national.

The counsel said that it was nowhere mentioned in the rules that an Afghan refugee was not a foreigner and therefore, he or she wasn’t entitled to the provision of POC.

The bench ordered lawyers and the AAG to assist it on the issue on the next hearing in light of international and local laws.

Published in Dawn, November 18th, 2023