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The Peshawar High Court has directed Afghan spouses of Pakistani citizens to approach the National Database and Registration Authority (NADRA) for the issuance of Pakistan Origin Cards (POC). The court said that once a valid application is submitted and the marriage is legally verified, NADRA must process the request according to the law.
The order came while the court was hearing several petitions filed by Pakistani citizens whose Afghan spouses had applied for POC but had not received any response. A bench comprising Justice Wiqar Ahmad and Justice Farah Jamshed disposed of the petitions and instructed applicants to submit fresh applications if necessary so the cases could be properly reviewed.
At the same time, the court issued an important direction to law enforcement agencies. It said no coercive action or deportation should be taken against family members until NADRA decides the POC application or until six months pass after the application is filed.
Court Directs Proper Processing of Applications
During the hearings, several petitioners said that their applications had remained pending for a long time. In one case, Afghan citizen Shakila Naz stated that she had legally married Pakistani national Mohammad Naeem and that they have five sons. Despite applying for a POC, her case had not been processed.
Similar concerns were raised by other petitioners. Some Pakistani citizens said their Afghan spouses had applied for the document but had received no response. However, the court also noted that many petitions did not include documents proving that applications had actually been submitted to NADRA.
Because of this, the court asked petitioners to file proper applications with the required documents. It also directed NADRA to review and decide these applications according to the NADRA Ordinance and the relevant rules.
Pathways for Citizenship and Legal Status
The court also explained that Afghan women married to Pakistani citizens may apply for Pakistani citizenship through the Ministry of Interior under the Pakistan Citizenship Act. Their cases should be examined according to the law and decided preferably within six months.
Similarly, Afghan men married to Pakistani women may apply for naturalisation under the Naturalisation Act if they meet the required conditions.
Legal experts say the decision is important because it helps families secure legal identity and documentation. The ruling also highlights the need to protect family unity and ensure that legal rights are respected.
For many families, the decision offers hope that long pending cases will now be reviewed and resolved through proper legal procedures.
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