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Supreme Court Stays PHC Order Granting Citizenship to Afghan Husband

The appeal tests a claimed gender gap in Pakistan's citizenship law arising from a high court grant to a foreign husband.

Overview

  • Led by Justice Shahid Waheed, a three-member bench suspended the December 1, 2023 Peshawar High Court directive that granted a Pakistan Origin Card and citizenship to the Afghan spouse pending a final decision.
  • The federal government told the court it does not oppose issuing Pakistan Origin Cards to foreign husbands but argued that citizenship cannot be granted under existing law.
  • The Supreme Court issued notices to the respondents in the appeal and adjourned the matter for further hearings.
  • The dispute stems from a challenge to Section 10(2) alleging discrimination against Pakistani women, with the PHC drawing on a 2008 Federal Shariat Court finding, and officials reported 117 similar applications after the PHC ruling.
  • NADRA’s counsel said applicants must hold valid visas, and the bench emphasized verifying lawful entry before any documentation is issued.