STAFF REPORTER
PESHAWAR : The Peshawar High Court has stopped the forced deportation of an Afghan national and his children in a petition seeking cancellation of their Afghan Proof of Registration (PoR) cards. The court directed the National Database and Registration Authority (NADRA) to decide their case regarding the issuance of Pakistan Origin Cards and Citizen Smart Cards, on the basis of marriage, within six months in accordance with the law. The court also directed the petitioners to approach NADRA for PoR cards in accordance with the law.
A bench comprising Justice Waqar Ahmad and Justice Farah Jamshed heard the case. During the hearing, the petitioners’ counsel, Advocate Usama Khalil, informed the court that the petitioner, Yasmin, is a Pakistani citizen who married an Afghan national, Fayyaz, and they have children.
The counsel submitted that under the National Spouse Policy and Rule 4 of the NADRA Rules, the petitioner’s husband wanted to have his and his children’s Afghan Proof of Registration cards cancelled so that they could be issued Pakistan Origin Cards.
He said the petitioners’ children were born in Pakistan and had already been issued birth registration certificates. However, they were not being issued Citizen Smart Cards because they held temporary Afghan PoR cards. According to the counsel, the daughter was also registered as an Afghan refugee, due to which the processing of their applications had been blocked.
The counsel further argued that NADRA was depriving the petitioners of their legal rights, which amounted to a violation of their fundamental human rights as well as the Constitution. He requested the court to order cancellation of the petitioners’ Afghan Proof of Registration cards and issuance of Pakistan Origin Cards.
After hearing the arguments, the court observed that the High Court had already disposed of cases of a similar nature. The court directed NADRA authorities to decide the petitioners’ case, on the basis of marriage, within six months in accordance with the law.
The court further directed that the petitioners would have to fulfil all legal requirements and provide the necessary documents for naturalization. It also ordered that the petitioners should not be deported until a decision was reached in their case.
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