The Supreme Court on Monday granted bail to an Afghan-origin man who married a Pakistani woman, while raising key questions about the evidence presented regarding his nationality and marriage.
A two-member bench, headed by Justice Hashim Kakar, heard the bail petition of Jillat Khan, who was arrested under the Foreign Act. The court approved his bail against surety bonds worth Rs20,000.
Court Examines Marriage and Documentation
During the hearing, the state prosecutor argued that the accused had no Nikahnama at the time of his marriage. He informed the court that the marriage certificate was obtained in 2024.
Justice Hashim Kakar responded by observing that people living in villages often do not pay close attention to formal marriage documentation.
The prosecutor further stated that the woman belongs to Mohmand Agency. According to him, the couple married in 1993 without obtaining a Nikahnama.
Questions Raised Over Nationality Evidence
The court also discussed Jillat Khan’s legal status in Pakistan. Justice Kakar noted that two high courts had previously directed him to produce a domicile certificate.
The prosecutor argued that Jillat Khan had no documentary proof showing when he entered Pakistan. He also claimed that the accused did not possess an Afghan passport.
However, Justice Kakar questioned that argument. He remarked that the government had allowed Afghan nationals to enter Pakistan during earlier periods. He further observed, “We even gave them ration.”
Court Highlights Family Ties
Justice Kakar also questioned the prosecution’s position regarding the accused’s family.
He asked the prosecutor what additional evidence was required when the couple had two children together. The court indicated that the existence of a long-standing family relationship was a significant factor in the case.
The judge then raised another important question. He asked the prosecutor how Jillat Khan had been identified as an Afghan national if he possessed no official documents proving his nationality.
Bail Granted
After hearing the arguments, the Supreme Court approved Jillat Khan’s bail against surety bonds of Rs20,000.
The case highlights legal questions surrounding nationality, documentation, and long-standing family relationships. Further proceedings will determine the remaining issues under the Foreign Act.
