Plea for citizenship for Afghan spouse: PHC seeks reply from federal govt, Nadra

PESHAWAR: The Peshawar High Court (PHC) on Thursday directed the federal government and National Database and Registration Authority (Nadra) to submit a reply in a writ petition filed by a Pakistani woman for issuance of national identity cards to her Afghan spouse and her two children.

The PHC bench comprising Justice Abdul Shakoor and Justice Syed Arshad Ali heard the petition filed by Shahzara, a Pakistani woman who had married an Afghan national Musafir Khan a few years ago, through her counsel Saifullah Muhib Kakakhel. The counsel said the petitioner had married Musafir Khan in 2018 and now had two children, Musa Khan and Manahil.

He said time and again they applied to the relevant forums and departments for granting citizenship and issuance of ID cards but no action had been taken so far.

The counsel argued that her Afghan spouse and the children had not been granted Afghan citizenship cards. He requested the court to direct the relevant departments to issue them Pakistani citizenship on the basis of their marriage.

Additional Attorney General (AAG) Sanaullah and Nadra’s counsel Imran Gagiyani informed the bench that the petitioner can apply for citizenship and ID cards through the Ministry of Interior (MOI) and they will be issued the same if they meet the criteria.

They also said that the spouse possessed a legal document -- Afghan origin card -- therefore, the police would not harass or arrest him. The officials said the petitioner should follow the set rules and procedure to get the legal documents. The bench directed the relevant high-ups to submit a reply in the case. Another petitioner Shamsur Rahman, an Afghan national, requested the court to direct relevant departments to issue him Afghan citizenship card as his other family members had the same.

However, the AAG said they would look into the matter as to why the petitioner had not been granted the Afghan citizenship card despite his stay in Pakistan since 2017. The bench sought a written report in the petition after investigation.