The Islamabad High Court (IHC) has temporarily restrained authorities from deporting an Afghan national, Bakhti Jan, to Afghanistan, providing interim relief in a case linked to citizenship and registration status. The order was passed during the hearing of a petition challenging the proposed deportation and seeking clarity over the petitioner’s legal status in Pakistan.
During the proceedings, the court directed the Ministry of States and Frontier Regions (SAFRON) to decide, within one month, on the petitioner’s request concerning his Proof of Registration (PoR) card. The court emphasized that a formal decision on the status of the PoR card is necessary before any further administrative action can be taken.
According to the petitioner’s counsel, Bakhti Jan has strong legal grounds to remain in Pakistan. The petition states that official registration records show the petitioner’s father has been a Pakistani citizen since 1974. Despite this, the petitioner claims that his requests to the Ministry of SAFRON and the National Database and Registration Authority (NADRA) for resolution of his status have remained pending, with no concrete action taken by the authorities.
Justice Mohsin Akhtar Kayani, who presided over the case, made important observations regarding the legal process involved in citizenship matters. The court noted that the petitioner would first need to have his PoR card formally cancelled before submitting an application for Pakistani citizenship. Justice Kayani remarked that cancellation of the PoR card is a mandatory legal requirement for anyone seeking citizenship under the applicable laws.
The court further clarified that until a final decision is made by SAFRON regarding the PoR card, the petitioner should not face deportation. As a result, the Islamabad High Court issued an interim order barring the authorities from deporting Bakhti Jan to Afghanistan for the time being.
The case highlights ongoing legal and administrative challenges faced by individuals with long-standing family ties in Pakistan, particularly those holding PoR cards while pursuing citizenship claims. It also underscores the role of the judiciary in ensuring due process in deportation and nationality-related matters.
After hearing the initial arguments, the Islamabad High Court adjourned the hearing until next month, allowing time for SAFRON to comply with the court’s directive and submit its decision. The outcome of the case is expected to have implications for similar petitions involving registration status, PoR card cancellation, and citizenship applications in Pakistan.
