On Monday, the Supreme Court halted the deportation of Hidayatullah, an Afghan-born Danish national, following security agencies’ resistance to renewing his Pakistan Origin Card (POC).
The three-member bench, led by Chief Justice Qazi Faez Isa, mandated the Inter-Services Intelligence (ISI) to provide, within one month, a comprehensive report explaining the refusal to renew Hidayatullah’s POC. Hidayatullah, who wed a Pakistani woman from Mardan, faced obstacles in extending his stay due to objections from the ISI.
Representing the National Database and Registration Authority (NADRA), Advocate Afnan Kundi informed the court of the ISI’s opposition to Hidayatullah’s POC renewal despite his marital ties to a Pakistani citizen. He clarified that POCs are generally granted to foreigners married to Pakistanis unless they are from India or a nation in conflict with Pakistan. Hidayatullah’s POC, however, had lapsed in the 2019-20 period.
Navigating Legal Uncertainties: Hidayatullah’s Fight to Stay
Chief Justice Isa inquired if Hidayatullah had any links to terrorist activities and sought clarification on the resistance against his POC renewal. Additional Attorney General (AAG) Chaudhry Aamir Rehman conveyed that Hidayatullah had omitted the addresses of his immediate relatives, providing only their names.
Justice Athar Minallah, another member of the bench, questioned whether there had been any formal grievances against Hidayatullah, emphasizing that baseless suspicion violates fundamental human rights. He noted that Hidayatullah’s wife and children are residents of Pakistan.
In the discussion regarding solid evidence of any wrongdoing by the petitioner’s husband, the Chief Justice referenced the current situation in border areas like Chaman and Torkham. He queried the AAG on whether individuals were being indiscriminately allowed or denied entry at these borders without substantial evidence.
The AAG responded by mentioning that the petitioner’s siblings are believed to reside in Kabul and Logar, Afghanistan.
A notable moment in the proceedings occurred when Hidayatullah attempted to speak out of turn. Chief Justice Isa humorously asked his wife if he was as inattentive at home, implying “he’s not listening to us.” Upon her positive response, the Chief Justice remarked that Hidayatullah could reside in Pakistan as long as he remained loyal to his Pakistani spouse.
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