01/04/2026
Advocate Saifullah Muhib Kakakhel had appeared for the petitioner and contended that under Section 6(3) of Juvenile Justice System Act, 2018, he was entitled to be released on bail.
The bench had observed: “Even assuming that the accused-petitioner was allegedly found residing within the territorial jurisdiction of Pakistan without possessing any valid visa, permit or other lawful travel or residency documentation, the available record indicates that he is a juvenile, approximately 16 and-a half years of age, and is presently a student of 6th class at Muslim Collegiate School, Peshawar.”
It ruled that in the present case, there appeared to be no reasonable apprehension that the release of the accused-petitioner would associate him with criminals or expose him to any such dangers.
Similarly, in another case, the bench granted bail to an Afghan, whose son was suffering from cancer.
“Notwithstanding the merits of the case, this court, in exercise of its judicial discretion, deems it appropriate to consider the peculiar facts and circumstance brought on record, particularly the precarious health condition of the minor so of the accused-petitioner,” the bench observed.
Moreover, the court while disposing of multiple petitions of Pakistani citizens seeking issuance of Pakistan Origin Card (POC) to their Afghan spouses, directed them to approach National Database and Registration Authority (Nadra) for that purpose.
A bench consisting of Justice Wiqar Ahmad and Justice Farah Jamshed issued orders in multiple petitions wherein either the husband or wife was Pakistani national whereas their spouse belonged to Afghanistan.
The bench had also directed law enforcement agencies that in order to safeguard the unity of the family, no coercive action resulting in deportation of any family member (of the petitioner) should be taken until the application (for POC) was finally decided by Nadra or upon expiry of six months from the date of filing of such application, whichever occurred earlier.
PHC provides relief to several petitioners in exceptional circumstances