Table of Contents
- Case Background
- What the Court Decided
- The Legal Challenge
- Government’s Response
- The Court’s Final Word
- Why It Matters
- About Muhammad Amin Advocate
1. Case Background
Sameena Roohi, a Pakistani woman, married Afghan national Naseer Mohammad in 1985. They have five children, all Pakistani citizens.
Naseer worked in Kuwait for years. But when he visited Pakistan, he only got a one-month visa. Sameena wanted him to stay longer—like any husband should be allowed to.
She asked the government to grant him Pakistani citizenship. But officials responded that the law only allows foreign wives of Pakistani men to apply—not foreign husbands of Pakistani women.
2. What the Court Decided
The Peshawar High Court intervened.
A two-judge bench—Justice Musarrat Hilali and Justice Abdul Shakoor—ruled that Naseer Mohammad is entitled to a Pakistan Origin Card (POC).
They held that Sameena and her husband can now apply to NADRA for the card.
Their judgment relied on a 2008 ruling by the Federal Shariat Court (FSC) that had already declared the law discriminatory.
3. The Legal Challenge
Sameena’s lawyer, Saifullah Muhib Kakakhel, challenged Section 10(2) of the Pakistan Citizenship Act.
This section permits a foreign woman married to a Pakistani man to apply for citizenship—but not the reverse.
Kakakhel argued that this provision violates fundamental rights and principles of gender equality, and contradicts both the Constitution of Pakistan and international commitments.
4. Government’s Response
The Ministry of Interior and immigration officials objected.
They claimed the couple had not applied for a Naturalisation Certificate or a POC.
The Additional Attorney General contended that Sameena should have used administrative routes before approaching the court.
However, the court noted that the 2008 FSC ruling had already invalidated the discriminatory provision—and that ruling had not been overturned by the Supreme Court.
5. The Court’s Final Word
The Court clarified that Sameena didn’t need a new declaration. The FSC’s decision still applies.
That ruling is binding on all courts in Pakistan unless explicitly overruled by the Supreme Court—which hasn’t happened.
The bench instructed NADRA to proceed with the POC application in accordance with that ruling.
6. Why It Matters
This landmark decision reinforces the principle of equality before the law.
It corrects a gender-based legal imbalance and acknowledges the hardships faced by Pakistani women married to foreign men.
The judgment encourages lawmakers and departments to revise outdated legal provisions in line with human rights and constitutional values.
7. About Muhammad Amin Advocate
Muhammad Amin Advocate is a seasoned lawyer based in Peshawar, known for his commitment to human rights, citizenship laws, and constitutional litigation.
He has successfully represented numerous clients in matters related to immigration law, identity documentation, NADRA disputes, and family reunification.
His legal practice is built on the belief that the law should protect families—not divide them. He’s recognized for helping overseas Pakistanis and marginalized citizens navigate complex legal systems and reclaim their rights.
Contact Information:
📞 Phone: 0313-9708019
📍 Office: Office No. 14, Zeb Plaza, University Road, Tahkal Payan, Peshawar, Pakistan