The Supreme Court of Pakistan has suspended a controversial Peshawar High Court ruling that could have allowed Afghan men married to Pakistani women to obtain Pakistan Origin Cards (POC) and even apply for citizenship.
A three-member bench led by Justice Shahid Waheed heard the case on Wednesday. During the proceedings, Additional Attorney General Rana Asadullah informed the court that the federal government has officially filed an appeal against the Peshawar High Courtβs December 1, 2023 decision, which had sparked widespread debate and concern.
The earlier ruling by the Peshawar High Court stated that Afghan nationals married to Pakistani women were entitled to receive POC cards and could also qualify for Pakistani citizenship. The verdict raised serious questions about immigration policy, national security, and legal precedent.
Justice Musarrat Hilali questioned the legal justification for granting citizenship to foreign nationals through marriage, asking the government to clarify the total number of individuals affected. Rana Asadullah responded that 117 Afghan petitioners had applied under this ruling, though he warned that the actual number could be significantly higher.
Representatives from NADRA (National Database and Registration Authority) explained that foreign spouses must also comply with visa and residency regulations. Justice Hilali noted concerns about possible illegal entries, saying, βWe must determine whether someone entered Pakistan legally or by scaling walls.β
The Additional Attorney General also revealed that contempt of court petitions have been filed following the High Courtβs ruling, indicating a deepening legal dispute between the government and the petitioners.
After the hearing, the Supreme Court of Pakistan officially suspended the Peshawar High Court judgment, issued notices to all concerned parties, and adjourned the proceedings. The case will determine whether Afghan men married to Pakistani citizens can legally obtain POC cards or citizenship in the future.
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