PESHAWAR, April 28: The Peshawar High Court on Thursday put the deputy attorney-general for Pakistan on notice in a writ petition filed by an Arab woman and her Pakistani spouse, requesting the court to provide them protection against deportation by the federal government.
A two-member bench comprising Justice Ijazul Hassan and Justice Ijaz Afzal fixed the case for April 29 and restrained the federal and provincial government from taking any action against the petitioners.
The woman, Sheikha Mohammad Hamoud Alhamdi, arrived in Pakistan on April 7 on a three- month visa and the same day she married Juma Raz Khan in the southern NWFP district of Karak.
The petitioners’ counsel Zaffar Abbas Zaidi contended that they had learnt that the federal government was under pressure from an embassy and they could cancel her valid visa and she could be arrested under the Foreigners Act following which she would be deported.
He stated that the couple was on the run and had been in hiding due to fear of their arrest and they had constantly been harassed by police. He argued that the woman could be produced before the court for recording her statement provided she was given security.
The additional advocate-general, Pir Liaqat, stated that they had received communication in which the embassy had alleged that the woman and her nephew were brought to Pakistan by a relative of Juma Raz on April 10 and they were kept in illegal confinement.
Subsequently, he added, the Karak police have registered an FIR and arrested three persons including two brothers of Juma Raz who were later on released on bail. He added that now the provincial government had no intention to commit any illegality.
Mr Zaidi argued that Ms Sheikha was legally wedded wife of Juma Raz. He referred to section 10(2) of the Citizenship Act, arguing that a woman married to a Pakistani national was entitled to citizenship.
The court inquired whether she had applied for citizenship, to which Mr Zaidi said that an application was submitted to the ministry of interior.
He added that a brother of Juma Raz was arrested here at a local hotel where the he had gone to meet officials of the embassy and was kept in illegal detention for three days. To cover that illegality, he added, an FIR was registered at Karak.