The Kabul Tribune (KT) — The Peshawar High Court has granted bail to a man who claims to be a Pakistani citizen but was arrested on charges of illegal stay after holding an Afghan identity document, court officials said.
Chief Justice S.M. Attique Shah, heading a single-member
bench, approved the bail petition of Abu Bakar, ordering his release upon
submission of two surety bonds of 100,000 rupees each.
In its ruling, the court said it was not inclined to deny
bail, noting that the petitioner should be allowed to approach the relevant
National Database and Registration Authority (NADRA) service center to seek
cancellation of his Afghan Citizen Card or Proof of Registration (PoR) card.
The bench also said he could pursue clearance under Section 19 of the Pakistan
Citizenship Act, 1951, in accordance with the law.
The court directed Abu Bakar to approach the competent
authority within one week of his release. It warned that failure to do so could
result in the state seeking cancellation of his bail.
Abu Bakar’s lawyer, Jan Afsar Paindakhel, told the court
that his client was a Pakistani citizen by descent. He said the petitioner and
his family had previously registered as Afghan nationals for livelihood
purposes while living in Afghanistan and had obtained Afghan Citizen Cards or
PoR documents without fully understanding the legal consequences.
The lawyer argued that the move later created complications
in obtaining computerized national identity cards in Pakistan. He added that
the family had earlier applied for citizenship clearance under Section 19 but
did not receive a favorable decision.
According to the petition, the family had recently
approached the high court, which on April 9 directed them to seek cancellation
of their Afghan documents and obtain clearance certificates. However, Abu Bakar
was arrested on March 1 by police in Peshawar under Section 14 of the
Foreigners Act on allegations of illegal stay.
The case highlights ongoing legal and administrative
challenges faced by individuals with cross-border documentation between
Pakistan and Afghanistan.
