By: Kamran Ali Shah
PESHAWAR: A division bench of the Peshawar High Court, consisting of Justice Waqar Ahmed and Justice Kamran Hayat Miankhel, has stayed the deportation of Afghan nationals who are husbands of Pakistani women and fathers of Pakistani children.
These Afghan nationals were applying for Pakistan Origin Cards (POC) amid a deportation drive, which occurred after their registration cards (ACC and POR) expired.
Numerous writ petitions were filed by Pakistani women requesting the issuance of Pakistan Origin Cards for their Afghan husbands. The POC grants permanent residency status in Pakistan. A notable case was filed by Misma Hasna, who sought a POC for her husband, Masood. They have two children who are Pakistani nationals.
Advocates Saifullah Mohib Kakakhel and Noman Mohib Kakakhel represented the petitioners. They argued that Afghan husbands of Pakistani women and fathers of Pakistani children are entitled to Pakistan Origin Cards under Pakistani law, as the right to live with one’s family is a fundamental right protected by Articles 4, 9, 14, and 25 of the Constitution of Pakistan. Additionally, children born to these marriages automatically acquire Pakistani citizenship by birth according to Section 4 of the Pakistani Citizenship Act, 1951. Thus, the state has both a constitutional and international obligation to uphold the integrity of the family unit.
The lawyers expressed concern that law enforcement agencies have begun deporting Afghan refugees, as their ACC/POR cards are no longer recognised as valid documents for residency in Pakistan. Consequently, Afghan husbands of Pakistani women, who are also fathers of Pakistani children and fully eligible for POC, are facing denial of their cards due to the lengthy and complicated security clearance process, and they are enduring daily harassment.
The lawyers cited international human rights laws, arguing that Pakistan is a party to treaties such as the Universal Declaration of Human Rights (Article 16: Protection of the Family, Article 15: Right to Citizenship) and the International Covenant on Civil and Political Rights (Article 23: Protection of the Family). They contended that forcibly separating Afghan husbands from their Pakistani families and children constitutes a violation of these fundamental human rights.
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After considering the arguments from both sides, the court ordered: “Since Petitioner No. 2 is a family member of Pakistani citizens, he should not be deported until NADRA decides to issue his Pakistan Origin Card or until six (6) months have elapsed, whichever comes first.” The High Court issued injunctions in favour of the petitioners and also issued notices.
