PESHAWAR: Peshawar High Court has disposed of plea of a Pakistani woman seeking issuance of Pakistani Origin Card (POC) to her Afghan husband, asking her to approach Nadra (National Database and Registration Authority) for that purpose.

A bench consisting of Justice Wiqar Ahmad and Justice Inamullah Khan also directed law enforcing agencies not to deport the petitioner’s husband for six months or till the decision of the federal government on her plea, whichever was earlier.

Advocate Asadullah Yousafzai appeared for the petitioner Fauzia Bibi stating that she had repeatedly approached the respondents including the federal government for issuance of POC to her Afghan husband, and for the grant of Form B to her children, however, both were denied.

He stated that the petitioners had no alternate or prompt remedy available, but to invoke the constitutional jurisdiction of the high court.

Directs LEAs not to deport him for six months

The bench observed that the petitioners had merely averred that the Afghan spouse of the petitioner had applied for issuance of citizenship and POC to Nadra, however, no documentary evidence in support thereof had been annexed with the petition.

The bench observed that the petitioner may apply afresh to the concerned Nadra authorities for issuance of the POC on basis of marriage with a Pakistani citizen.

“Upon receipt of such apply, the competent Nadra authority shall entertain process and decide the case strictly in accordance with Section 11 of the Nadra Ordinance, 2002, read with Rules 4 and 5 of the National Database and Registration Authority (Pakistan Origin Card) Rules, 2002,” the bench ordered.

It further directed that incase of any deficiency or rejection for any reason, the same shall be communicated to the petitioner through a written order, which should remain subject to lawful challenge, if so advised.

Moreover, the bench also directed that the petitioner’s Afghan husband may apply for grant of nationality by way of naturalisation under section 5 of the Naturalisation Act, 1926, and the rules framed thereunder.

It was added that the application should be entertained by the secretary, ministry of interior, and decided in accordance with law, preferably within a period of six months.

Meanwhile, a single-member bench of Chief Justice S M Attique Shah also granted bail to an Afghan national, married to a Pakistani woman, who was recently arrested under section 14 of the Foreigners Act, 1946, for illegal stay in Pakistan.

Advocate Sahibzada Arshad Ali appeared for the petitioner Mohammad Hassan and stated that his client was an Afghan national and had contracted marriage with a Pakistani citizen, Ms Ghazala.

He stated that the petitioner had earlier approached the high court for grant of POC. He added that the said petition as disposed of on Sep 3, 2025, in the light of an earlier judgment of the high court directing the petitioner to approach the Nadra for that purpose.

However, he stated that the petitioner was arrested by the local police on Feb 27, 2026, and a case was registered against him at Zaida police station in Swabi.

He contended that unless the petitioner was released on bail, he would be unable to approach the relevant forum for the issuance of the POC in accordance with the principles enunciated by the court in its earlier judgment.

The bench observed that notwithstanding merit of the case, the court was not inclined to withhold the concession of bail from the accused-petitioner in the given circumstances of the case, particularly in view of the earlier judgment.

The bench also quoted several relevant portion of the earlier judgment (Ms Naureen Masood versus Government of Pakistan) delivered on Dec 1, 2023.

The bench directed the petitioner to submit two surety bonds of Rs 100,000 each.

Published in Dawn, April 6th, 2026