Afghans marrying Pakistani women: SC suspends PHC’s citizenship ruling

ISLAMABAD: The Supreme Court suspended a verdict of the Peshawar High Court (PHC) wherein it was construed that Afghan nationals, who had married Pakistani women, are eligible for Pakistani citizenship.

A three-judge bench headed by Justice Shahid Waheed, and comprising Justice Mussarat Hilali and Justice Salahuddin Panhwar, heard the federation’s appeal against the judgment of the Peshawar High Court.

The matter related to the issuance of CNICs, cancellation of Proof of Registration Card (PRC), and Afghan Citizen Card, and the issuance of Pakistan Origin Card (POC)

During the proceedings, Additional Attorney General (AAG) Rana Asadullah informed the court that the federal government had filed an appeal against the PHC order issued on December 1, 2023. The AAG also said that after the PHC judgment, contempt petitions had been filed against the concerned authorities.

He submitted that the government had no objection to the issuance of a POC to the Afghan citizens, but had concerns about the paragraphs of the judgment, which implied that the Afghans, who have married Pakistani women, are entitled to Pakistani citizenship, saying this is not permissible under the law.

During the hearing, Justice Mussarat Hilali inquired about the basis on which citizenship can be granted and questioned how many applications had been filed. The additional attorney general responded that 117 applications have already been received.

Nadra’s lawyer clarified that Afghan citizens marrying Pakistani women would also need a valid visa, to which Justice Hilali emphasized the importance of checking whether someone had entered the country legally or illegally. She said, “We need to see whether a person entered through the door or by jumping over the wall.”

The apex court has issued notices to the respondents and adjourned the case sine die.

The first refugee influx from Afghanistan had taken place in 1979; the second in 1997, and the third in 2001, firstly due to Soviet aggression, while the second and third refugee influxes were due to internal wars among various Afghan factions.

Copyright Business Recorder, 2025