A woman originating from Jammu and Kashmir has approached the Peshawar High Court (PHC) to contest the refusal of Pakistani citizenship, despite exhausting various legal channels. She claims her grandfather and other paternal relatives migrated to Pakistan following the 1947 partition, while her father remained in Jammu and Kashmir.
She married a Pakistani national in 2009 and has two children who hold Pakistani citizenship. The petitioner asserts her right to citizenship under the Pakistan Citizenship Act of 1951. However, she has faced denial of citizenship for almost 19 years, with no resolution on her application, including under Section 7 of the Act.
She reached out to the Ministry of Interior to request nationality and expressed readiness to renounce her previous citizenship, yet her application remains unresolved. During the processing of her application in 2017, authorities confiscated her passport, which has not been returned, leaving her without valid identification to renew her visa or prove her legal status.
As a result, she has been residing in Peshawar without a CNIC or passport, encountering difficulties accessing essential services that require official identification. Additionally, she alleges that a local Union Council refused to register her marriage because it was solemnized in Jammu and Kashmir.
Her legal representative, Advocate Mehwish Muhib Kakakhel, argued that the extended delay infringes on fundamental rights, including equality before the law and the right to family life. Following a preliminary hearing, PHC Judge Justice Waqar Ahmed issued notices to the Ministry of Interior, the federal government, NADRA, and other relevant authorities, requesting their responses.
The court also ordered the immediate return of the petitioner’s passport as a temporary measure, emphasizing that she should not be left without identity documents. Legal analysts note that this case could set important precedents for citizenship law, especially concerning issues of marriage, descent, and administrative delays.
