Dual nationality case: PHC orders provision of Pakistan Origin Cards to Afghan families

PESHAWAR: Directing the federal government to issue Pakistani Origin Cards to the families after fulfilling legal requirements, the Peshawar High Court (PHC) on Saturday declared that Pakistani women married to Afghan nationals could keep dual nationality or CNICs along with Afghan Citizen Card/ Proof of Registration Card.

A two-member bench comprising Justice Arshad Ali and Justice Wiqar Ahmad issued the 62-page detailed judgement in the dual nationality case. Justice Waqar Ahmad had written the judgment.

The bench heard the cases of 95 families that were seeking the issuance of Pakistan Origin Card. The petitioners included Pakistani women married to Afghan nationals who possessed the Afghan Citizen Cards/ Proof of Registration Cards. The PHC accepted the writ petitions of 95 Pakistani families who had mistakenly obtained the Afghan Refugee Cards. The court was told that since it was difficult to make Pakistani identity cards, most of the families made the Afghan refugee cards to go to Europe or any other country and seek asylum.

The verdict said that a Pakistani woman can hold two citizenships and her children were entitled to two citizenships for 21 years. The Pakistani Identity Card cannot be blocked for possessing the Afghan Citizenship Cards. The PHC directed the federal government to issue Pakistani cards to the families after fulfilling legal requirements.

According to the judgement, the Pakistani citizens, who were issued Afghan Citizen Card/ Pakistan Origin Card were entitled to approach the Interior Ministry to get the required documents. It said the Pakistani women married to Afghan nationals could keep two citizenships or a CNIC along with an ACC/ POR card. The court ruled that blocking of their CNIC or refusing to issue one was illegal and unconstitutional

The children of a Pakistani parent below 21 can keep both Afghan and Pakistani citizenship, thereafter, could opt for either one, the verdict said, adding that refusal to issue CNIC and passport to them or blocking them was illegal and unconstitutional. The spouses of Pakistani citizens were entitled to Pakistan Origin Card (POC), thereafter, they can be naturalised as Pakistani citizens. The children born to Pakistani parents before 2000 will also be a Pakistani by descent.