PESHAWAR: The Peshawar High Court (PHC) has ruled to allow Pakistani women married to Afghan nationals to retain dual nationality, even if they hold Afghan Citizens Cards (ACC) or Proof of Registration (PoR).
This landmark decision, delivered by Justices Arshad Ali and Wiqar Ahmad on July 9, addressed 65 petitions concerning Pakistani citizenship issues arising from marriages to Afghan nationals or children born to Pakistani-Afghan parents.
Nouman Muhib Kakakhel, representing the petitioners, hailed the ruling as pivotal, emphasizing its broader impact beyond the specific cases heard. He highlighted that prior to this decision, Pakistan lacked clear provisions for dual nationality with Afghanistan, thus offering a path to resolve similar cases through legal channels.
The court’s verdict categorized cases involving children born to mixed-nationality parents, Pakistanis holding ACC seeking dual citizenship, Afghan spouses of Pakistanis seeking PoR or citizenship, and Pakistanis erroneously labeled as Afghan with ACC cards. It affirmed that Pakistani women marrying Afghan citizens and their children can maintain dual nationality until the age of 21, alongside recognition in both Pakistani and Afghan databases.
The PHC directed swift processing of applications from Pakistani nationals holding ACC or PoR cards, acknowledging their plight and the need for expedient resolution. Human rights activist Hayat Roghani praised the ruling, noting its potential to provide relief to many affected by Pakistan’s previous directives aimed at expelling undocumented foreigners, which disproportionately affected Pakistani Pashtuns and Afghan refugees living and working together.
Roghani underscored the historic precedent set by the PHC’s decision, anticipating its positive impact on future cases involving similar citizenship issues between Pakistan and Afghanistan.
