PESHAWAR: Peshawar High Court has sought reply from National Database and Registration Authority (Nadra) to plea of a US national and her Pakistani husband, seeking issuance of Pakistan Origin Card (POC) to her.

A bench consisting of Justice Syed Mohammad Attique Shah and Justice Shakeel Ahmad issued the order in a petition jointly filed by a resident of Khyber tribal district Hayatullah and his American spouse Ekaterini Theresa Deweese, whose Islamic name was Ms Khadija, requesting the court to declare that the woman was entitled to grant of nationality of Pakistan on the basis of her marriage to a Pakistani.

The petitioners have also requested the court to direct the respondents including the Nadra and federal interior ministry to issue POC to her.

During previous hearing last month, the court had granted interim relief to the petitioners and directed the government not to deport her till further order.

Advocate Imran Gigyani appeared for Nadra and contended that as the visa of the female petitioner had expired, therefore, under the relevant rules she could not be issued the POC.

He stated that she should first leave the country and again enter on valid visa following which her plea could be considered.

However, the bench directed him to submit reply on behalf of Nadra to the petition.

Advocate Shahid Raza Khan appeared for the petitioners and stated that Ms Khadija visited Pakistan on valid visa and had converted to Islam after which she married Hayatullah on July 13, 2021.

He said that their marriage was duly registered in the relevant union council as per the law.

He added that the woman was presently residing in Peshawar and for the sake of her smooth family life she applied for POC to the government.

However, he stated that her application was turned down on the sole ground that she was no longer having a valid visit visa of Pakistan.

He pointed out that before expiry of her visa, she applied for its extension but it was declined by the government due to lack of sufficient period in her passport expiry.

He said that for the same reason she renewed her passport and again applied for extension of her visa but the same was again refused and she was told to first make an exit from Pakistan and then apply again.

The counsel argued that as per Article 38 of the Constitution of Pakistan, it was responsibility of the state to protect the marriage, family, mother and the child.

He contended that under section 10 of Pakistan’s Citizenship Act, a foreigner was entitled to Pakistan’s citizenship if she was married to a Pakistani man.

He argued that any denial of the respondents to issue POC/nationality to the woman was against the law and fundamental rights provided in the Constitution.

According to documents attached with the petition, the woman is around 63 years old whereas her Pakistani spouse is 21.

Published in Dawn, June 10th, 2024