The Supreme Court of Pakistan has granted bail to an Afghan national married to a Pakistani woman against surety bonds of Rs. 20,000.
During the hearing, the state counsel informed the court that the accused had been arrested under the Foreign Act and did not possess a marriage certificate at the time of his arrest. According to the prosecution, the marriage certificate was issued in 2024, while the accused also lacked proof of legal entry into Pakistan and did not possess an Afghan passport.
The defense counsel argued that the couple had been married since 1993 and that, at the time, formal marriage registration was not common in many rural areas.
Justice Hashim Kakar observed that marriage certificates were not routinely issued for every marriage in villages. He further remarked, "If the couple has two children, what stronger proof of marriage could there be?"
The court also noted that two High Courts had previously directed authorities to grant domicile to the individual and observed that Afghan nationals had been allowed to enter and reside in Pakistan during earlier government policies.
Questioning the prosecution, Justice Kakar asked how the authorities had concluded that the accused was an Afghan national if no official identification documents were available.
After hearing the arguments, the Supreme Court approved the bail application against surety bonds worth Rs. 20,000.
