Afghan man married to Pakistani woman granted bail by Supreme Court

The Supreme Court of Pakistan has granted bail to an Afghan national, who is married to a Pakistani woman,

The Supreme Court of Pakistan has granted bail to an Afghan national, who is married to a Pakistani woman, against surety bonds worth Rs20,000 in a case registered under the Foreign Act.

During the hearing, the government lawyer informed the court that the accused had been arrested under the Foreign Act. He argued that the man did not possess a marriage certificate proving his marriage to the Pakistani woman at the time of his arrest.

The prosecution further stated that the marriage certificate was obtained in 2024, although the accused claimed to have married in 1993. The lawyer also told the court that the man had no documentary evidence of his entry into Pakistan and was not carrying an Afghan passport.

Justice Hashim Kakar questioned the prosecution’s arguments, observing that in many rural areas marriages are conducted without immediately registering a formal marriage certificate. The defence counsel told the court that the couple had married in 1993 and only later obtained official documentation.

Justice Kakar also noted that two high courts had already directed authorities to issue the man a domicile, adding that the government itself had allowed Afghan nationals to enter Pakistan in the past. He remarked that they had even been provided ration support.

The judge further questioned the prosecution, asking what additional proof of marriage was required when the couple had two children together. He also asked how the authorities had concluded that the accused was an Afghan citizen if he allegedly had no identification or official documents.

After hearing the arguments from both sides, the Supreme Court approved the Afghan national’s bail, subject to the submission of surety bonds worth Rs20,000.