PHC directs petitioners to approach NADRA for POC issuance to Afghan spouses

PESHAWAR, Mar 09 (APP): The Peshawar High Court (PHC) has disposed of multiple petitions filed by Pakistani citizens seeking issuance of Pakistan Origin Cards (POC) for their Afghan spouses, directing the petitioners to approach the National Database and Registration Authority (NADRA) for the purpose.

The orders were issued by a two-member bench comprising Justice Waqar Ahmad and Justice Farah Jamshed while hearing a number of petitions in which either the husband or wife was a Pakistani citizen while the spouse belonged to Afghanistan.

The court also directed law enforcement agencies not to take any coercive action against family members of the petitioners that could result in deportation, keeping in view the protection of family unity, until NADRA makes a final decision on the POC applications or until six months from the date of submission of the application, whichever occurs earlier.

In one of the petitions, an Afghan woman, Shakeela Naz, stated that she had legally married a Pakistani citizen, Muhammad Naeem, and the couple had five sons.

Her counsel, Anila Faryal, informed the court that the petitioner had submitted an application for issuance of a POC but the authorities had neither processed nor decided the application.

Similarly, another petitioner, Pakistani citizen Abbas Khan, informed the court that he had married an Afghan woman and the application for issuance of a POC for his wife was still pending.

In another petition, Advocate Syed Bilal Jan Bacha appeared on behalf of petitioner Saeeda Bibi, a Pakistani citizen married to an Afghan national, stating that her application for POC issuance had also not been decided.

Advocate Shakeel Khan Ahmad Khel, representing petitioner Fayyaz Khan, told the court that his client had married an Afghan woman but the POC for his wife had not yet been issued.

After reviewing the petitions, the court observed that although the petitioners claimed to have submitted applications for POC issuance with NADRA, no documentary evidence had been attached with the writ petitions to verify that such applications had actually been submitted or were pending.

While disposing of the petitions, the court directed the petitioners to submit fresh applications to NADRA for issuance of POCs on the basis of marriage with Pakistani citizens.

The court ordered that upon receipt of such applications, the competent authority under the NADRA Ordinance 2002 and the Pakistan Origin Card Rules 2002 should process and decide them in accordance with the law.

The court further directed that if any deficiency was found in an application or a claim was rejected, a detailed written order must be provided to the applicant so that they could avail legal remedies available under the law.

The bench also observed that Afghan women married to Pakistani citizens may apply for Pakistani citizenship under Section 10(2) of the Pakistan Citizenship Act 1951 through the Secretary of the Ministry of Interior.

Such applications, the court directed, should be examined and decided on a priority basis within six months.

Similarly, in cases where an Afghan citizen has married a Pakistani woman, the court observed that the applicant may seek citizenship under Section 5 of the Naturalization Act 1926 by fulfilling the prescribed legal requirements, and such applications should also be decided within six months in accordance with the law.