IHC bars action against three Afghan women in citizenship case

ISLAMABAD, Jul 01 (APP):The Islamabad High Court (IHC) on Wednesday restrained authorities from taking adverse action against three Afghan women married to Pakistani citizens while hearing a petition challenging the exclusion of time spent in Pakistan under Proof of Registration (PoR) cards from the calculation of lawful residence for citizenship purposes.

Justice Muhammad Asif issued notices to the federal government and the Directorate General of Immigration and Passports, directing them to submit replies, and sought assistance from the attorney general at the next hearing.
Representing the petitioners, Barrister Umar Ijaz Gilani told the court that the three Afghan women had been married to Pakistani citizens for more than a decade and that their children are Pakistani nationals.

He said the women had applied for Pakistani citizenship under Section 10 of the Pakistan Citizenship Act, 1951, which governs citizenship applications by foreign women married to Pakistani citizens. However, the Directorate General of Immigration and Passports required them to first prove they had lived in Pakistan for at least five years on valid visas and passports.

Gilani argued that the Pakistan Citizenship Act does not impose a five-year valid visa requirement on foreign wives of Pakistani citizens. He contended that the condition was introduced later through subordinate rules and is inconsistent with the parent law, exceeding the government’s rule-making authority.

The lawyer further argued that residence in Pakistan under PoR cards was lawful and formally recognized by the state. He said authorities could not acknowledge such residence as legal for one purpose while treating it as unlawful when considering citizenship applications.

Gilani also told the court that the government’s ongoing repatriation drive against undocumented foreigners had exposed the petitioners to the risk of deportation. He asked the court to declare residence under PoR cards as lawful for citizenship purposes and direct the authorities to decide the women’s citizenship applications without further delay.

Pending further proceedings, the court restrained the authorities from taking coercive or disciplinary action against the three petitioners, sought responses from the respondents and adjourned the hearing.