PESHAWAR: Peshawar High Court has stopped deportation of an Afghan refugee married to a Pakistani woman, and directed National Database and Registration Authority to decide his case regarding issuance of Pakistan Origin Card (POC).
A bench consisting of Justice Wiqar Ahmad and Justice Kamran Hayat Miankhel disposed of a petition jointly filed by a Pakistani national, Ms Husna, and her Afghan husband, Masood Khan, seeking directives for the government to issue the POC to him.
“Since the second petitioner is a family member of Pakistani nationals, therefore he shall not be deported till Nadra decides his case for grant of POC,” the bench ruled.
The bench also directed the petitioners to apply for registration of their Nikahnama with the village council concerned whose secretary should issue the said certificate on verifying that the nikah had actually taken place and that the nikahnama was not a mere paperwork.
Directs Nadra to issue Pakistan Origin Card to him
The bench referred to an earlier judgment of the high court delivered on Dec 1, 2023, observing that this matter had already been decided by this court in that judgment, where the process and method for granting such citizenship and issuance of POC were clearly explained.
Presently, several Afghan nationals married to Pakistani women and having children have applied for POC amidst the ongoing deportation drive of Afghan refugees following expiry of their ACC (Afghan Citizen Card) and PoR (Proof of Registration) cards.
The high court is also seized with scores of such petitions filed by Pakistani women seeking POC for their Afghan husbands, which serve as a permanent residence document in Pakistan.
Saifullah Muhib Kakakhel and Nauman Muhib Kakakhel appeared for the petitioners and stated that the couple was also having two children out of wedlock.
They argued that the Afghan husbands of the petitioning Pakistani women were entitled to POC under the law, as the right to family life was constitutionally guaranteed under articles 4, 9, 14 and 25 of the Constitution of Pakistan.
They further said that such marriages had resulted in children who are undisputedly Pakistani citizens by birth under Section 4 of Pakistan Citizenship Act, 1951, and that the state was under a constitutional and international obligation to protect the sanctity of the family unit.
They argued that the law enforcement agencies, however, had commenced large-scale deportations of Afghan refugees after expiry of their refugee status, and that ACC/PoR cards were no longer recognised as legitimate documents for stay in Pakistan.
In such circumstances, they said Afghan husbands—despite being eligible for POC by virtue of marriage to Pakistani citizens and having children — were being subjected to deportation and harassment while their POC applications remained pending due to lengthy and cumbersome security clearance processes.
The lawyers also referred to international human rights law, arguing that Pakistan, being a signatory to international conventions such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, was obliged to ensure that family life was not disrupted arbitrarily.
They said that deporting Afghan husbands of Pakistani women with Pakistani children amounted to violation of these fundamental rights.
Published in Dawn, September 27th, 2025
