PESHAWAR: Peshawar High Court has disposed of pleas of two Afghan men, seeking issuance of Pakistan Origin Card (POC) to them as their spouses are Pakistani nationals.

The high court has stopped government from taking any adverse action against them including their deportation till decision on their applications.

A bench consisting of Justice Sabitullah Khan and Justice Salahuddin Khan observed that in the light of an earlier judgement of the high court, the cases of the petitioners should be considered by the respondents including federal interior ministry and National Database and Registration Authority (Nadra) for issuance of POC.

The bench directed one of the petitioners, Ijazul Haq, to place his case before the appropriate forum within a period of three months and till then no adverse action should be taken against him.

Directs govt not to deport them till decision on their applications

Similarly, about the second petitioner, Mohammad Essa Khan, the bench directed the ministry of interior to decide the application, which he had already submitted, in accordance with law. The bench added that till then he should not be deported and no adverse action should be taken against him.

One of the petitions was jointly filed by a Pakistani woman, Saima Bibi, her Afghan husband Ijazul Haq and three minor children.

They stated that after their marriage in Mar 2016, the woman applied to Nadra for her husband regarding the grant of POC but the respondents delayed the matter and were not ready to issue the said card to him.

The couple stated that their three children were born in Pakistan and they had never seen any other country, yet respondents had not been recognising their basic right to citizenship.

Similarly, the other petition was jointly filed by a female resident of Dir Lower, Shahi Gul Begum, and her Afghan husband Mohammad Essa Khan. Their marriage was solemnised in 2000.

They claimed that they visited office of Nadra and immigration, but were informed that as per section10 of Pakistan Citizenship Act, 1951 only women, who married Pakistani nationals would be granted nationality of Pakistan and not husbands of Pakistani women.

They stated that Essa Khan had not only been born in Pakistan rather he had also secured his education there and his forefather came to Pakistan long ago.

Advocates Amanullah Pirzada and Shah Faisal Yousafzai appeared for the petitioners and contended that their clients had not been treated in accordance with law on the subject matter and the precedents set by the superior courts.

They stated that the petitioners named Ijazul Haq and Essa Khan were entitled to issuance of POC.

The bench referred to an earlier judgement of the high court titled ‘Ms Naureen etc versus government of Pakistan’ delivered on Dec 1, 2023, wherein it had provided a guideline for such cases.

The bench quoted from the said judgement that Nadra authorities after satisfying themselves regarding the fact that the person fulfilled mandatory eligibility requirement of Rule 4 of POC Rules, and that he or she was actually an Afghan citizen, having security clearance, the POC should be issued otherwise the request should be rejected but in writing.

The bench observed that as the high court already disposed of earlier petitions in the said terms, therefore, the present petitioners were also entitled to similar treatment on the principle that the likes must be treated alike.

Published in Dawn, May 19th, 2025