- Mon - Fri: 08:00 - 21:30
Landmark Judgement of Peshawar High Court titled as Qasim Khan vs Federation of Pakistan,. addresses several important issues related to dual nationality, the issuance of Pakistani identity documents, and citizenship rights concerning Pakistani nationals and Afghan nationals, particularly in the context of marriage between Pakistani citizens and Afghan nationals, and the rights of their children.
The Pakistan Citizenship Act, 1951: This is the principal law governing the acquisition and termination of citizenship in Pakistan.
The court ruled that Pakistani women married to Afghan nationals are entitled to hold dual nationality (i.e., Pakistani and Afghan citizenship). This means that a Pakistani woman married to an Afghan national is allowed to retain her Pakistani citizenship while also holding Afghan citizenship, without the need for renunciation.
The judgment emphasizes that such women should be eligible for issuance of important documents, such as the Computerized National Identity Card (CNIC) or Family Registration Certificates (FRC), even if they are holders of Afghan Citizenship Cards (ACC) or Proof of Registration (POR) cards.
The court declared that the practice of blocking CNICs for these women, solely because of their Afghan status, is illegal, ultra vires (beyond authority), and void. Essentially, any action taken by government authorities to block their CNICs based on their Afghan nationality was ruled as unlawful.
Children under 21 years of age, born out of wedlock to one parent who is a Pakistani citizen, are entitled to dual nationality (Pakistani and Afghan) until they turn 21. This means that such children, even if they hold Afghan citizenship through one parent, do not need to renounce either nationality (Pakistan or Afghanistan) before reaching the age of 21.
The court also ruled that children under 21 years of age, born to Afghan nationals and Pakistani citizens, who are listed in the data of ACC or POR cardholders, should not be denied entry or CNICs based on these entries. The act of denying CNICs or Form-B (a birth registration form) to these children, due to their connection with Afghan nationality, was also declared illegal and void.
Afghan nationals who are married to Pakistani citizens are entitled to apply for a Pakistan Origin Card (POC). This is a significant decision, as the POC provides them certain rights, including visa-free access to Pakistan and business privileges.
The court further ruled that Afghan nationals married to Pakistanis can apply for Pakistani citizenship through naturalization, provided they follow the prescribed procedure. This allows Afghan spouses of Pakistani citizens to become Pakistani nationals, subject to the rules outlined in Pakistan’s Citizenship Act.
For those Pakistani citizens whose names are associated with Afghan ACC or POR cards, and who do not fall under the categories mentioned above, they must apply to the Federal Government for a clearance certificate under Section 19 of the Pakistan Citizenship Act.
This clearance certificate is required to confirm that these individuals are indeed Pakistani citizens, despite any records associating them with Afghan nationality.
However, the court clarified an important exception for Pakistani women married to Afghan nationals and their children under 21 years. These individuals do not need to apply for the clearance certificate and should be treated as exceptions to the general rule.
Recognition of Dual Nationality
This decision highlights Pakistan's recognition of dual nationality for certain individuals, specifically Pakistani women married to Afghan nationals, and children born out of wedlock to Pakistani citizens. It allows these individuals to retain both Pakistani and Afghan citizenship, which is often a source of legal confusion.
Legal Protection
The judgment offers legal protection to Pakistani women married to Afghan nationals, affirming their rights to Pakistani identity documents, even if they hold Afghan cards, and protecting their rights to live and work in Pakistan.
Rights of Children
The court’s ruling ensures that children born in such marriages, particularly those under the age of 21, are not unfairly restricted in terms of their citizenship rights. These children are guaranteed dual nationality until they reach adulthood, without having to renounce their Afghan or Pakistani nationality.