PHC seeks replies in US woman’s citizenship plea

Petitioner argues a foreigner is entitled to Pakistan’s nationality after marrying a Pakistani

PESHAWAR:

The Peshawar High Court (PHC) has issued notices to the Federation of Pakistan and the National Database Registration Authority (NADRA), seeking their replies to a petition filed by a US national who seeks Pakistani nationality in view of her marriage to a Pakistani man.

A division bench comprising Justice SM Ateeq Shah and Justice Shakeel Ahmad resumed hearing the writ petition. Shahid Raza Khan, the lawyer representing the American woman, told the bench that his client, Ekaterini Theresa Deweese, also known as Khadija, approached NADRA for the Pakistan Origin Card (POC) fulfilling all the documentary requirements and criteria and submitting an online application.

However, her application was rejected on the grounds that her visa had expired, despite the fact that she had applied for an extension before its expiration.

Imran Gigyani, the lawyer representing NADRA, argued that since the petitioner’s visa had expired, she could not be issued a POC. However, he said, she could leave the country and reapply.

The petitioner’s lawyer argued that under Article 35 of the Constitution, it is the responsibility of the relevant authorities to protect a family, mother, and child.
Additionally, under Section 10(2) of the Pakistan Citizenship Act 1951, any foreign woman married to a Pakistani citizen is entitled to citizenship. Thus, denying the petitioner citizenship constitutes a violation of human rights.

He requested the court to declare Theresa entitled to citizenship and order the relevant authorities to issue her a POC. Khan asked the court to also order authorities not to deport the woman until the petition is decided. The court later asked NADRA to respond and adjourned the hearing.

The petition argued that Ekaterini Theresa came to Pakistan, converted to Islam, and married a Pakistani citizen named Hayatullah in 2021. It said according to the law, she needs a POC or citizenship to reside in Peshawar, which would provide her with several benefits.

Last month, on May 5, the same PHC bench had temporarily stopped the federal government from deporting the US national.

The court had also issued notices to federal interior ministry, director general of immigration and passport, and NADRA regional office in Peshawar and sought their comments to a petition jointly filed by the couple.