Pakistani women married to Afghans entitled to dual nationality: PHC

PESHAWAR: The Peshawar High Court has ruled that a Pakistani woman married to an Afghan national is entitled to hold dual nationality despite possessing the Afghan Citizens Card (ACC) or Proof of Registration (PoR).

It also declared that the individuals under 21 years of age, who were born to a Pakistani parent, could retain dual nationality of Pakistan and Afghanistan until they turned 21.

In a landmark decision, a bench comprising Justice Syed Arshad Ali and Justice Wiqar Ahmad disposed of around 65 petitions filed by Afghan and Pakistani nationals for various reliefs.

In It also declared illegal the National Database and Registration Authority’s act of blocking CNICs of Pakistani women, solely because their names appeared in the ACC and PoR records as well as the denial of B Form to those under 21 years of age for the same reason.

Court also declares Pakistanis with ACC and PoR entitled to CNIC

These acts violate sections 14, 14A and 16 of the Citizenship Act, according to the 62-page detailed verdict authored by Justice Wiqar Ahmad.

The petitioners who themselves or their spouses were Afghan nationals but married to Pakistani citizens are entitled to the Pakistan Origin Card, according to the bench.

“They are also entitled to apply for grant of citizenship by way of naturalisation to the Federal Government in the prescribed manner,” it ruled.

The bench added that the Pakistani citizens who were issued ACC or PoR cards and didn’t fall in the other categories of petitioners should apply to the federal government under Section 19 of the Citizenship Act for a clearance certificate in the prescribed manner.

It declared that after issuance of clearance certificate about their citizenship of Pakistan, a CNIC should be issued to them and their ACC or PoR cards be cancelled.

Most of the petitions were related to seeking Pakistani Citizenship by descent and including citizens who had either made an ACC or PoR card or married an Afghan Citizen or children born to a couple having a Pakistani and an Afghan parent amongst other issues.

Saifullah Muhib Kakakhel and Nouman Muhib Kakakhel, lawyers for petitioners, argued that the cases of their clients were relevant to citizenship by descent in line with the Citizenship Act, 1951.

They added that several Pakistani citizens acquired ACC or PoR cards only to get relief funds or food items for being poor citizens, but now, they couldn’t get those cards cancelled.

The lawyers also assisted the court on the point that under the law, a Pakistani woman married to a foreigner could retain both citizenships, one of their parents and another one that of her husband.

They added that CNICs and passports of such individuals were blocked, merely because they got Afghan passports, or ACC or PoR cards.

In the verdict, the bench discussed the Citizenship Act, Nadra Ordinance, and judgements of the superior courts.

It divided the cases into four categories. They included children born to a Pakistani and an Afghan parent, with an ACC or PoR Card issued in their name, Pakistanis holding an ACC who claim entitlement to dual citizenship, Afghans married to Pakistani citizens, seeking PoR or citizenship, and individuals who were Pakistani but were mistakenly declared Afghan citizens and issued ACC cards.

After discussing different provisions of the Citizenship Act, the bench ruled: “The situation that emerges from this analysis invariably leads one to a conclusion that a female Pakistani citizen who marries an Afghan citizen can retain dual nationality. Similarly, children born out of such wedlock can also retain their dual nationality of Pakistan as well as Afghanistan till attaining the age of 21 years.”

“They cannot be denied citizenship status as citizens of Pakistan for the reason that they are ACC or PoR holders. Their entry can co-exist, as such in Nadra database as well as in other databases of the government of Pakistan. Their CNICs, if issued already, couldn’t be blocked for the reason that names of such persons had been found in the data of Afghan Citizenship or they had been found to be holders of PoRs.”

The court ruled that such women and minors could continue to hold Pakistani CNICs while possessing ACC or PoR cards.

“Such children shall be entitled to citizenship of Pakistan by issuance of Form B, notwithstanding the fact that they have been declared ACC or PoR holders,” it ruled.

About Pakistani nationals who acquired ACC and PoR cards, the bench ruled it was a common knowledge that a large number of Pakistanis had got themselves registered as Afghan citizens to receive aid from international donors and therefore, the federal government should provide a mechanism for dealing with such applications.

“The applications shall be processed and decided swiftly by realising that certain citizens of the state are also suffering and their grievances require to be remedied quickly,” it declared.

Published in Dawn, July 14th, 2024