2024 PLP 1774 (MLD)
Abdul Qadir and others — Petitioners Versus Federation of Pakistan and others — Respondents
| Citation | 2024 PLP 1774 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Abdul Qadir and others — Petitioners Versus Federation of Pakistan and others — Respondents |
| Primary Law | National Database and Registration Authority Ordinance (VIII of 2000) |
Q1: What are the key laws and sections cited in 2024 PLP 1774 (MLD)?
This judgment primarily cites: National Database and Registration Authority Ordinance (VIII of 2000) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP 1774 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2024 PLP 1774 (MLD) (Abdul Qadir and others — Petitioners Versus Federation of Pakistan and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Jamil Khan for Respondent/NADRA.
Headnotes / Summary
S. 18 & Preamble
Pakistan Citizenship Act (II of 1951), Preamble
Computerized National Identity Card (CNIC), blocking of
Citizenship of person, determination of
Petitioners sought direction from the High Court to National Database and Registration Authority (NADRA) to unblock their Computerized National Identity Cards (CNICs)
Petitioners pleaded that their CNICs were validly issued and were subsequently renewed by NADRA from time to time, thus , the same had wrongly been placed under alien category
Argument of the respondents /NADRA was that the case of the petitioners was examined by the NADRA vigilance branch whereafter it was sent to verifying agency (Intelligence Bureau) for probe of their status which found that their particulars could not be verified,resultantly, their CNICs were digitally impounded in alien category
NADRA / respondents had not appended any document on record reflecting the determination by the verifying agencyregarding the status of the petitioners, whereas on the other hand, the petitioners had appended the relevant documents which also included the properties purchased by them
NADRA or the Intelligence Agencies are not competent to determine the citizenship of a person
A person cannot be denied the right of being a citizen nor deprived of it , save as provided under the Pakistan Citizenship Act , 1951 , and NADRA has no right under the National Database und Registration Authority Ordinance, 2000, to determine the question of citizenship which can only be adjudicated by the Competent Authority under the Pakistan Citizenship Act, 1951, and the Rules framed there under
NADRA has no power to suspend or block the CNIC as it would tantamount to suspending the citizenship of a registered citizen
High Court directed the respondents (NADRA) to forthwith unblock the CNIC of the petitioners
Constitutional petition was allowed , in circumstances.
Judgment & Decree
Shams Mehmood Mirza, J.
This writ petition seeks a direction from this Court to National Database and Registration Authority (NADRA) to unblock the Computerized National Identity Card (CNIC) of petitioners Nos.2 to 4.
2. The petitioners allege that they their CNICs were validly issued and were subsequently renewed by NADRA from time to time. It is stated that NADRA without issuing any show cause notice to the petitioners blocked their CNICs. It is alleged that the petitioners approached the respondents and furnished all the requisite documents but they were verbally informed that petitioners Nos.2 to 4 fall in alien category.
3. Report and parawise comments have been filed on behalf of respondents Nos.3 to 5 in which it is stated that the case of the petitioners was examined by the NADRA vigilance branch whereafter it was sent to verifying agency (Intelligence Bureau) for probe of their status. The verifying agency in its report found that the particulars of the petitioners could not be verified. Resultantly, the petitioners' CNICs were digitally impounded in alien category.
4. The respondents have not appended any document on record reflecting the determination by the verifying agency regarding the status of the petitioners. The petitioners, on the other hand, have appended the relevant documents which also include the properties purchased by them.
5. The learned Islamabad High Court in the case of Hafiz Hamad Ullah Sabbor v. Government of Pakistan through Ministry of Interior etc PLD 2021 Islamabad 305 has held that NADRA or the intelligence agencies are not competent to determine the citizenship of a person. It was stated that "This Court has consistently observed that the Authority was bereft of jurisdiction to adjudicate upon a question which involves the determination of the status of a person as a citizen of Pakistan and that too, on the basis of reports received from intelligence agencies which are under the control of the Government." With reference to the Pakistan Citizenship Act, 1951 (the Act) it was held that a person cannot be denied the right of being a citizen nor deprived of it save as provided under the Act. Similarly, it was also held that NADRA has no right under the National Database and Registration Authority Ordinance, 2000 to determine the question of citizenship which can only be adjudicated by the competent authority under the Act and the rules framed thereunder. It was furthermore noted that NADRA had no power to suspend or block the CNIC as it would tantamount to suspending the citizenship of a rezistered citizen.
6. This Court is in respectful agreement with the law laid down by the Islamabad High Court in the aforementioned judgment. In the circumstances, this writ petition is allowed and the respondents are directed to forthwith unblock the CNIC of the petitioners. MQ/A-47/L Petition allowed.