Citation Name: 2024 PLD 57 PESHAWAR-HIGH-COURTBookmark this Case Mst. AMNA vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S — 2024 PLD 57 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PLD 57 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PLD
Parties: Citation Name: 2024 PLD 57 PESHAWAR-HIGH-COURTBookmark this Case Mst. AMNA vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S
Provisions referred to: S. 10; Pakistan Citizenship Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 PLD 57 PESHAWAR-HIGH-COURTBookmark this Case Mst. AMNA VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S. 10(2)---Constitution of Pakistan, Arts. 2-A & 25 ----Alien husband of a Pakistani woman---Right of citizenship---Scope---Discrimination---Petitioner (Pakistani woman) invoked constitutional jurisdiction of the High Court with grievance that the respondents (Directorate General of Immigration and passport, Ministry of Interior) declined her husband (an Afghan refugee) a Pakistan Origin Card (POC) ---Validity ---Although S. 10 of the Pakistan Citizenship Act, 1951 gives a Pakistani husband the right to get citizenship for his foreigner wife, but denies a Pakistani wife the right to get citizenship for her foreigner husband---However, it was held in the judgments passed in Suo Motu (Gender Equality) case reported as PLD 2008 FSC 1 as well as PLD 2016 Lahore 857 titled Mst. Rukhsana Bibi and others v. Government of Pakistan and others, that denial of such right is discriminatory, negates gender equality and violates Arts. 2-A & 25 of the Constitution---On basis of said judgments a foreign husband was entitled to apply and to be considered by the Authorities for the issuance of POC in accordance with law ---High Court directed the respondents (Directorate General of Immigration and passport, Ministry of Interior) to consider the case of the husband (Afghan refugee) of the Pakistani woman for issuance of his Pakistan Origin Card (POC)---Constitution petition was disposed of accordingly.

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