Afghans married to Pakistani women will not get nationality under SC new order

ISLAMABAD: The Supreme Court of Pakistan has stayed the contentious ruling of the Peshawar High Court that may have permitted Afghan men married to Pakistani women to obtain Pakistan Origin Cards (POC) and, in effect, claim citizenship in Pakistan.

A three-member bench of the Supreme Court, led by Justice Shahid Waheed, on Wednesday heard the matter, which has provoked considerable discussion and debate.

At the outset, the Additional Attorney General Rana Asadullah explained that the government has appealed against the ruling of the Peshawar High Court made on December 1, 2023, which has raised passions in the public sphere.

The Peshawar High Court ruled that Afghan men married to Pakistani women should be provided POC cards by default. The court even suggested to lawmakers that these Afghan men should also be provided with full citizenship in Pakistan.

This suggestion immediately raised concerns among both elected representatives and the general public. Justice Musarrat Hilali, as part of the three–member panel, inquired about the legal basis for granting citizenship and requested information on how many petitioners the case involved.

The Additional Attorney General noted that 117 individuals have properly applied to obtain POC cards, but that this likely is only the “tip of the iceberg.“

NADRA‘s legal advisor commented that Afghan men married to Pakistani women would also be required to satisfy visa requirements, raising concerns about continued immigration issues.

Justice Hilali articulated concern when he said, “We need to inquire if someone scaled the walls or walked through the door,” alluding to his worry in relation to people who might have entered illegally.

The Assistant Attorney General gave additional news, indicating that contempt of court petitions are to be lodged against the Peshawar High Court‘s holding, indicating a potential conflict brewing. After today‘s session, the apex court stayed the decision of the Peshawar High Court and ordered the parties to the proceedings to be served.

The apex court then adjourned the hearing, leaving the process and future of Afghan men seeking POC cards and citizenship in doubt.