By Hashir Ahsan
ISLAMABAD
The Supreme Court of Pakistan has approved post-arrest bail for Jalat Khan, an Afghan national married to a Pakistani woman, while providing a clear interpretation of the provisions under the Foreigners Act, 1946.
In a five-page written order, the two-member bench comprising Justice Muhammad Hashim Khan Kakar and Justice Ishtiaq Ibrahim held that if a foreign national enters Pakistan legally and their passport, residential permit, or Proof of Registration (PoR) expires, the case will fall under Section 14(1) of the Foreigners Act. This carries a maximum sentence of three years, where granting bail is the general legal rule.
In contrast, Section 14(2) applies strictly to individuals who intentionally cross the border illegally, carrying up to 10 years in prison and a statutory restriction on bail under Section 14A.
Case details
The case originated from an FIR registered against Jalat Khan at the Nawagai Police Station in Bajaur, Khyber Pakhtunkhwa (KP) under Section 14 of the Foreigners Act, alleging that he was residing locally without valid documents.
After the Peshawar High Court (Mingora Bench) dismissed his post-arrest bail on May 11, 2026, by applying Section 14A, the petitioner challenged the ruling in the apex court. Representing the petitioner, Advocate Jalaluddin argued that his client contracted a lawful marriage on May 1, 1994, with Tasleem Bibi, a natural-born Pakistani citizen, and that the couple has children together.
He pointed to pending applications for a Pakistan Origin Card (POC) and citizenship under Section 10 of the Citizenship Act, 1951, as well as prior PHC orders, arguing that his presence could not be categorized as a crime while federal decisions remained pending. Additional Advocate General KP Bashar Naveed opposed bail, contending that marrying a Pakistani woman does not automatically grant citizenship or immunity under the Foreigners’ Act.
Setting aside the PHC ruling, the Supreme Court granted Jalat Khan bail against surety bonds worth PKR 20,000.
The apex court noted that the FIR contained no allegation of illegal entry, making the application of Section 14A incorrect. Furthermore, the court expressed serious reservations regarding Section 10 of the Pakistan Citizenship Act, 1951, which enables foreign wives of Pakistani men to seek citizenship but denies the same right to foreign husbands of Pakistani women, referencing a Federal Shariat Court ruling that found this disparity contrary to Articles 2A and 25 of the Constitution.
The court also held that an individual cannot be kept in jail due to administrative delays by NADRA or the federal government in processing card applications. Ultimately, the bench ruled that over three decades of marital life, children, and pending administrative actions bring the case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure (CrPC), clarifying that these observations are tentative and will not impact the final trial or citizenship proceedings.