As long as ‘Wafadar is wafadar to you’, you can stay in Pakistan: CJP tells Afghan spouse


ISLAMABAD: The Supreme Court on Monday allowed an Afghan family to stay in Pakistan until further notice.

A three-member bench headed by Chief Justice Qazi Faez Isa and comprising Justice Athar Minallah and Justice Amin ud Din Khan heard the petition of Afghan national Hayatullah Wafadar, who appeared in the court with his wife and lawyer.

The Afghan national had approached the Supreme Court after the National Database and Registration Authority (NADRA) officials refused to renew his Pakistan Origin Card (POC).

NADRA’s lawyer Afnan Karim Kundi told the court that the petitioner had applied for the renewal of the POC, but it was denied due to objections from the relevant authorities.

He told the court that POCs are issued to non-citizens who are married to Pakistanis, and not to those who have links to India or any hostile country.

The chief justice asked the authorities if the petitioner was involved in any subversive activity. What was the basis for objecting to the renewal of the POC?

Additional Attorney General Aamir Rahman told the court that the petitioner’s brother and sister lived in Kabul and Logar. The petitioner had only shared the names of his family members and not their addresses.

Justice Athar Minallah asked if there was any evidence against the petitioner.

The chief justice said if there was any reason other than mere opposition, they should share it.

He told the Additional Attorney General: “You can visit the Khyber and Chaman borders yourself and see what is happening. Sometimes Pakistan lets people in as it wishes and sometimes it denies entry. Stop this bargaining while standing in the court.”

Justice Athar Minallah said that raising suspicions about someone without a reason was against human rights.

“The petitioner’s wife and children are Pakistani and present in the country,” Justice Athar added.

Additional Attorney General Amir Rahman requested a one-month time to file a reply in the case. He assured the court that the petitioner would not be deported from the country until the next hearing.

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“If the issue is not resolved by the next hearing, the attorney general will personally appear,” the court ordered.

During the hearing, the court scolded the petitioner, Hayatullah Wafadar, for interrupting.

“Do you listen to your wife at home?” the chief justice inquired.

The chief justice asked the petitioner’s wife if her husband listened to her at home as he was not listening to them.

She replied to the chief justice that he did listen to her at home.

“As long as this faithful person (Wafadar sahab) is faithful to you, you can stay in the country,” the chief justice told the Afghan woman.

The hearing was adjourned for one month.

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