1995SCMR1554 (PLP)

3. He applied for Pakistan Citizenship Certificate but the same was not issued. According to him, the reason for refusal was that a suit for damages was filed against prosecuting agency for appellant's malicious prosecution which ended in his acquittal. In order to frustrate the suit, the appellant was directed, vide order dated 13‑8‑1989, to leave Pakistan. The appellant assailed the aforesaid order through writ petition in the Lahore High Court (Rawalpindi Bench) which was dismissed vide impugned order, referred to above. 3‑A. Learned counsel for the appellant contended that the appellant migrated to Pakistan with the intention to reside therein and his case is covered under section 14(b) of Pakistan Citizenship Act, 1951. It was submitted that the learned Judge in the High Court did not advert to the legal question involved in the case, but hastely dismissed the writ petition, without appreciating that the appellant migrated with the intention to permanently settle down in Pakistan.

4. The learned Deputy Attorney‑General opposed this appeal and placed on record some documents to show that the appellant was also, at one time, involved in a case of espionage but was not proceeded against for lack of evidence and that he indulged in dubious activities.????? The facts established on the record and uncontroverted by the learned Deputy Attorney‑General are: (i) The appellant and his father came to Pakistan in 1971 and did not return to occupied Kashmir since then. (ii) The appellant's father resided in Pakistan until he died in 1985. (iii) The appellant married Rifaat Sabir daughter of Major Sabir Hussain, a Pakistani lady and has a child. (iv) The appellant is doing business in Pearl‑Continental Hotel at Rawalpindi.

5. These facts find ample confirmation from a letter dated 30‑6‑1990 written by a Section Officer of the Punjab Home Department to the Secretary, Government of Pakktan, Ministry of Interior, Islamabad (at page 12 of the paper‑book) relevant to the extent is reproduced below:‑‑ "The antecedents of Mr. Akhtar Hussain Jan son of Kh. Ali Jan resident of House No.Q/310, Koti Bazar, Rawalpindi, have been verified and found correct. He was born in Sri Nagar (India) and migrated to Pakistan in 1971 alongwith his father. A case F.I.R. No. 513 dated 8‑9‑1972 under section 156(1)(89), Customs Act was registered against him and he was acquitted vide Order No. 507/C?1978 dated 17‑5‑1981. He is a Jeweller by profession and presently doing his business in Islamabad. He married a Pakistani girl namely Rifaat Sabir daughter of Raja Sabir Hussain resident of House No.BB/591, Imambara Road, Rawalpindi, in 1986 and now he wants to settle in Pakistan permanence." (Underlining is ours).

6. It is significant to point out that the Pakistan Citizenship Act, 1951 was amended in 1973 and section 14‑B was inserted therein to confer Pakistan Citizenship on all Jammu and Kashmir State nationals who migrated to Pakistan with the intention to reside therein. Section 14‑B thereof provides:‑‑ "Certain persons to be citizen of Pakistan.‑‑A person who being a subject of the State of Jammu and Kashmir, has migrated to Pakistan with the intention of residing therein until such time as the relationship between Pakistan and that State is finally determined, shall, without prejudice to his status as such subject, be ‑a citizen of Pakistan."

7. In our view, from the facts proved on the record, the case of the appellant is squarely covered under section 14‑B of the Pakistan Citizenship Act, 1951 as amended vide (Second Amendment) Act 39 of 1973 and the appellant has attained the status of a citizen of Pakistan. In the result, the impugned orders are set aside and this appeal is allowed, with no order as to costs. AA./A‑1300/S ??????????????????????????????????????????????????????????????????????????????????? Appeal accepted.