PESHAWAR: Peshawar High Court has disposed of multiple petitions of Pakistani citizens, seeking issuance of Pakistan Origin Card (POC) to their Afghan spouses, asking them to approach National Database and Registration Authority (Nadra) for that purpose.
A bench consisting of Justice Wiqar Ahmad and Justice Farah Jamshed issued orders in multiple petitions wherein either the husband or the wife was Pakistani whereas their spouse belonged to Afghanistan.
The bench also directed law enforcement agencies that in order to safeguard the unity of family, no coercive action resulting in deportation of any family member (of the petitioner) should be taken until the application for POC was finally decided by Nadra or upon expiry of six months from the date of filing of such application, whichever occurred earlier.
In one of the petitions, an Afghan woman Shakila Naz claimed that she had lawfully contracted marriage with a Pakistan national Mohammad Naeem and they were having five sons out of the wedlock.
Disposes of petitions
Her counsel Aneela Faryal stated that the petitioner had applied for issuance of a POC in her favour, but despite submission of the requisite application the matter was neither processed nor decided by quarters concerned.
Similarly, petitioner Abbas Khan, a Pakistan national, claimed that he had married an Afghan woman, but her application for issuance of POC had not been decided.
In another petition, Advocate Syed Bilal Jan Bacha appeared for a petitioner, Saeeda Bibi, a Pakistan national, who had married an Afghan citizen. He stated that he had applied for POC but the matter had not been decided so far.
Moreover, Advocate Shakil Khan Ahmadkhel appeared for petitioner Fayyaz Khan and stated that his client had married an Afghan woman, but so far POC had not been issued to her.
In almost all these petitions, the bench observed that although the petitioners had stated that they applied to Nadra for grant of POC, yet no documentary material had been appended with the writ petitions to establish submission or pendency of such application.
While disposing of the petitions, the bench asked the petitioners that they might file a fresh application before Nadra for issuance of POC on the basis of their marriage with a Pakistani citizen.
“Upon submission of such application, the competent authority shall process and decide the same strictly in accordance with Section 11 of Nadra Ordinance, 2002, read with rules 4 and 5 of National Database and Registration Authority (Pakistan Origin Card) Rules, 2002,” the bench ordered in the petitions.
“In case of any deficiency or rejection of claim, a speaking order shall be communicated to the petitioner, enabling her (or him) to avail the remedy available under law,” the bench ordered.
In cases of Afghan women marrying a Pakistan national, the bench also ordered that the petitioner might apply for grant of Pakistan citizenship under Section 10 (2) of Pakistan Citizenship Act, 1951, to federal government through secretary of ministry of interior.
“Her case, if filed, shall be examined and decided strictly in accordance with law, preferably within a period of six months from the date of its submission. The respondents’ authorities are further directed to conclude the proceedings within a period of six months,” the bench maintained.
Moreover, in cases of Afghan citizen married to a Pakistani woman, the bench observed that the petitioner might apply for grant of naturalisation under Section 5 of Naturalisation Act, 1926, subject to fulfilment of statutory requirements and in accordance with the rules framed thereunder.
“His case, if filed, shall be examined and decided strictly in accordance with law, preferably within a period of six months from the date of its submission,” the bench ordered.
Published in Dawn, March 9th, 2026
