Pakistani citizenship to Indian man: SC issues notice to AGP, chief law officers

The Supreme Court on Friday issued notice to Attorney General for Pakistan (AGP) and chief law officers of all the four provinces to assist in a matter related to granting Pakistani citizenship to an Indian national.
A two-judge bench, headed by Chief Justice of Pakistan Mian Saqib Nisar, heard the appeal of Ministry of Interior against the Lahore High Court judgment. The court also appointed Advocate Salman Butt as amicus curiae in this case and ordered that till the final decision in the case, Indian national Hassan Asghar should not be repatriated.
A division bench of the LHC on 18-05-2016 ruled to grant citizenship to Hassan Asghar after following the procedure as denying this right under Section 10(2) of the Citizenship Act 1951 is declared as discriminatory for being in violation of Article 25 of Constitution.
Assistant Attorney General Nayyab Gardezi, representing the Ministry of Interior, informed the court that Hassan Asghar came to Pakistan on 09-08-2003 along with his 11-year-old son, Daniyal Asghar, and mother, Khurshid Bano, who later died on 16-10-2005. He further said since that time he has been living in Pakistan by extending visas. In April 2004, he got married with Rukhsana Bibi and from their wedlock has one daughter, Himayal Zehra, he further told.
Justice Ijaz-ul-Ahsan noted that the last time Hassan Asghar extended his visa in 2006. Asghar's counsel Syed Sajjad Haider informed the bench that the Passport and Immigration Office, Multan, asked Asghar to deposit Rs 0.5 million for initiating the process.
Haider told that against that order he had filed a writ petition in the Lahore High Court, which was ultimately decided in his client's favour by relying on Section 10(2) Citizenship Act 1951.
The counsel contended when the sister of Asghar, who came to Pakistan in 1962 and married to a Pakistani man, had been conferred Pakistani nationality then why his client is being refused Pakistani citizenship, therefore it is discriminatory and violation of Article 25 of Constitution. He said Asghar has no relative in India.
Justice Ijaz observed that Section 10(2) of Act is for granting nationality to a foreign female if she marries to a Pakistani man.
The Chief Justice noted that LHC judge without hearing the AGP and Advocate General of Pakistan decided the matter.
"The law has to be applied strictly," he said. The Chief Justice ordered: "Let the matter be fixed for further hearing in the first week of May."