The Peshawar High Court has directed authorities not to deport Afghan citizens who are married to Pakistani women, pending decisions on their citizenship applications. The court issued a written order clarifying the procedure for handling such cases.
The decision comes after a Pakistani woman filed a petition concerning her Afghan husband, who had applied for a Pakistan Origin Card (POC) through the National Database and Registration Authority (NADRA). The court instructed that NADRA must process the application according to the law, and until a final decision is made, the Afghan spouse should not be deported.
The court referred to a precedent set on December 1, 2023, in the case of Noreen Masood vs. the State. In that case, the court ruled that if one spouse is a Pakistani citizen, children’s registration cannot be denied. In the current case, the petitioner is a Pakistani national and has children with her Afghan husband.
The ruling emphasizes that the case should be resolved in accordance with the principles laid down in the December 2023 judgment. The petitioner was directed to formally apply to NADRA, which is required to examine the case legally, while ensuring the Afghan spouse remains in the country until a decision is made.
Legal experts say this ruling reinforces the rights of Pakistani women and their families, ensuring Afghan spouses are protected from deportation while citizenship and identity applications are pending.
