Woman moves PHC to seek citizenship for husband, kids

PESHAWAR: A Pakistani woman Tuesday moved the Peshawar High Court (PHC) seeking citizenship for her husband, an Afghan national, and four children.

Abida Bibi, a resident of Tajabad area in Peshawar, has filed the constitutional petition through her lawyer Muhammad Ijaz Sabi. She challenged the law on citizenship, requesting the court to direct the federal government to amend the law and rules of citizenship and award citizenship to her husband and children. She sought computerised identity cards for them as well.

A division bench comprising Chief Justice Mazhar Alam Miankhel and Justice Muhammad Ibrahim Khan issued notice to attorney general of Pakistan to submit reply and assist the court in questions raised by the woman, seeking citizenship for her husband and children.

Like the petitioner, dozens of Pakistan women from Khyber Pakhtunkhwa recently staged a protest outside the Peshawar Press Club to demand citizenship for their Afghan husbands and children as the Nadra had refused to issue them CNICs.

Muhammad Ijaz Sabi submitted before the bench that the Nadra had issued CNIC to the petitioner in 2002 and 2009. He submitted that the petitioner contracted marriage with an Afghan national, Asmatullah, through their respective family channels and to this effect a proper Nikah Nama was also executed.

He submitted that the petitioner has four children, namely Ziaullah, 7, Ziaur Rehman, 4, Ruqiya 3, and Azam Tariq, 2. He argued that when the petitioner approached Nadra and asked for issuance of her new CNIC, Nadra officials asked her to produce her husband’s CNIC, which was not available as he was an Afghan national.

The lawyer submitted before the bench that Section 10 of the Pakistan Citizenship Act, 1951 as well as Rule-14 of the Pakistan Citizenship Rules 1952 are against Article 25 of the Constitution as under these rules, only male citizens of Pakistan is entitled to earn citizenship for his foreign wife, whereas a female citizen is not entitled to earn citizenship for her foreign husband.