Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2024 PHC 270
Court / Jurisdiction: Peshawar High Court
Year of Decision: 2024
Decision Date: 2024-05-31
Parties: Qasim Khan & another vs Federation of Pakistan etc
This judicial decision was delivered by the Peshawar High Court on 2024-05-31. The matter involves proceedings between Qasim Khan & another and Federation of Pakistan etc, officially reported as 2024 PHC 270. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.
Case cited as 2024PHC270
Court Name: Peshawar High Court Judge(s): Syed Arshad Ali, Wiqar Ahmad Title: Qasim Khan & another vs Federation of Pakistan etc Case No.: Writ Petition No.4283 -P/2023 Date of Judgment:2024-05-31 Reported As: 2024 PHC 270 Result: Petition Disposed of
JUDGMENT
JUDGMENT WIQAR AHMAD, J.-Through this single judgment recorded in W.P.No.4283-P/2023 titled Qasim Khan and another Vs. Federation of Pakistan and others, we are going to dispose of various writ petitions wherein somewhat identical questions of law and facts are involved. Brief and relevant facts of each case are also given herein below; 1 W.P.No.4283-P/2023 As per facts narrated in the instant writ petition, petitioner No.1 is father of Petitioner No.2. Petitioner No.1 has been having Pakistani nationality throughout and he has also been issued valid CNIC, copy of which is annexed with the writ petition. Copy of CNIC of his father, namely Rustam Gul has also been annexed with the writ petition. His grievance was that his son was found to be entered in the DATA of Afghan Citizenship Card holders. Petitioner No.2 has been claiming to be Pakistan citizen by descent and entitled to be holding Pakistani Nationality under section 5 of the Citizenship Act. With this grievance, petitioner No.2 has prayed for cancellation of his Afghan Citizenship Card and issuance of Computerized National Identity Card (CNIC) in his name. Respondents have stated in the comments that the Federal Government had decided to register all Afghan nationals residing in Pakistan in the year 2017 and for said purpose, they had launched a project in collaboration with Afghan Commissionerate and Government of Afghanistan for registration of un- registered Afghan nationals residing in Pakistan. It is further contended that that during said process of registration, petitioner No.2 had got himself registered as Afghan Citizen and he had accordingly been issued Afghan Citizenship Card (ACC). It was also contended in the comments that petitioner No.2 would be required to obtain naturalization certificate under the Naturalization
---
## Page 2
Act, 1926 and Pakistan Naturalization Rules, 1961 where after his Afghan Citizenship Card could be cancelled W.P.No.6264-P/2023 Petitioner No. 1, namely, Mst. Bushra Bibi claims to be a Pakistani citizen by descent. She had married Abdur Rehman, an Afghan citizen (petitioner No.2), on 06.07.1996. The couple was blessed with 11 children who have also been arrayed as petitioners No.3 to 12 in instant writ petition. Grievances of petitioners in instant case are that when they had approached NADRA authorities for birth registration of petitioners No.3 to 12 (by issuing "Form Bai'), same had been refused to them for the reason hat father of said petitioners had been an Afghan citizen. It was also averred in the writ petition that thereafter, petitioners No.3 to 12 had opted to get Afghan Citizenship Cards for the purpose of their identity and so as to get themselves enrolled in various educational institutions. It is case of petitioners that the children born out of the wedlock have been entitled to be treated as Pakistani nationals being offspring of a Pakistani lady and therefore denying them registration by issuing `Form Bai' or CNIC, have been illegal, ultra vires and resultantly null and void. Besides, petitioners have also prayed for cancellation of their Afghan Citizenship Cards (ACC). In the comments of respondents No.3 & 4 (NADRA Officers), they have stated that petitioners No.2 to 12 had been Afghan Citizenship Card holders. They have also stated that grant of citizenship was the domain of Federal Government and therefore petitioners should approach Ministry of Interior, Government of Pakistan for the grant of Pakistani citizenship. Secretary, Ministry of Interior, Government of Pakistan has also filed its report stating that the matter of cancellation of Afghan Citizenship Cards falls within the domain of NADRA and that CNIC are issued by NADRA on acquiring naturalization certificate of Pakistani citizenship under Section 3 of Naturalization Act 1926. It is also stated that the children born to Pakistani national mother and foreign national father after 18.04.2000, were Pakistani citizens under Section 5 of Pakistan Citizenship Act 1951. W.P.No.4 773 -P12023 In this petition, petitioners are claiming to be Pakistani nationals on the strength of old MNICs of their forefathers. It is averred in the petition that subsequently, due to illiteracy, they had been issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.4916 -P12023 In this petition, petitioner No.1 is a Pakistani national who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.3 to 8 have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioner No.2 to 8 as well as cancellation of their Afghan Citizen Cards. W.P.No.4923-P/2023 In this petition, both petitioners (Sister and brother inter se) are claiming to be children of one Farooq Ahmad who was statedly a bonafide Pakistani national. It is averred in the petition that respondents have refused issuance of CNIC to petitioner No.1 due to her marriage with an Afghan National. They are seeking directions from this Court to NADRA authorities for issuance of CNIC to petitioner No.1 and her children. W.P.No.5051-P/2023 In this petition, petitioners have averred that their CNICs have been blocked by respondents on suspicion despite the fact that they have been Pakistani Nationals since their forefathers. They are seeking directions from this Court to NADRA authorities for unblocking/renewal/issuance of CNICs in their favour as well as cancellation of ACCs/POR cards . As per comments of respondents, CNICs of petitioners No.1 & 2 have been cleared while CNICs of petitioners No.3 to 11 have been digitally impounded because petitioner No.9 has registered herself as Afghan Refugee and had also been issued POR card.
---
## Page 3
W.P.No.5087-P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock 7 children have born (petitioners No. i to vii) whereas petitioners No.2 to 6 are brothers and sisters of petitioner No.1. Petitioner No.1 along with her children (petitioners No. i to vii) are seeking directions from this Court to NADRA authorities for issuance of CNIC to petitioner No.1 and her children. W.P.No.5381-P/2023 In this petition, petitioners No.1 to 5 (brothers inter se) have averred that they have been Pakistani national on the strength of old MNICs of their forefathers. It is further stated in the petition that subsequently, due to illiteracy, they had been issued Afghan Citizen Cards. Now, they are seeking directions from this Court to NADRA authorities for issuance of CNICs to them and their children ( mentioned in the heading of petition in the panel of petitioners) as well as cancellation of their Afghan Citizen Cards/PORs. W.P.No.5394-P/2023 Petitioner No.1, namely Muhammad Ilyas Khan claims to be Pakistani national on the strength of his MNIC/CNIC as well as MNICs of his parents. Some of his family members (petitioners No.2 to 11) were also issued CNICs but same had been blocked because some children of petitioner No.1 had been issued Afghan Citizen Cards/Afghan Registration Cards/POR etc. As per comments furnished by respondents (NADRA), CNIC of petitioner No.1 was digitally impounded in alien and intruder category on the complaint of Mst.Zara Bibi, therefore, petitioners were segregated from her family and were digitally impounded and petitioners were required to appear before the DLC. Now petitioners are seeking directions from this Court to NADRA authorities for unblocking/renewal/issuance of CNICs in their favour. W.P.No.5531-P/2023 In this petition, petitioner No.1 (a Pakistani national) married one Shah Muhammad ( also a Pakistani national) who died in the year 2006, leaving behind six orphans (petitioners No.2 to 8). It is averred in the petition that due to poverty, she had applied for issuance of POR in order to get financial aid from the United Nations given to Afghan refugees and after issuance of FOR, her CNIC had been blocked. Now she is seeking directions from this Court to NADRA authorities for unblocking/renewal/issuance of CNICs to petitioner No.1 and her children (petitioners No.2 to 8) as well as cancellation of FOR. W.P.No.5646-P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national, namely Niaz Ali and out of their wedlock 9 children have born (petitioners No.2 to 10). Due to marriage with an Afghan national, petitioner No.) along with her children (petitioners No.2 to 10) have been issued Afghan Citizen Cards. Now they are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.5989-P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national, namely Baryalay and out of their wedlock 9 children have born (petitioners No.2 to 10). Due to marriage with an Afghan national, petitioner No.1 along with her children (petitioners No.2 to 10) have been issued Afghan Citizen Cards. Now they are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.6023-P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national, namely Wall Muhammad and out of their wedlock 5 children have born (petitioners No.2 to 6). Due to marriage with an Afghan national, petitioner No.1 along with her children (petitioners No.2 to 6) have been issued Afghan Citizen Cards. Now they are seeking directions from this Court to
---
## Page 4
NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.6229 -P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national, namely Samad and out of their wedlock 6 children have born (petitioners No.2 to 7). Due to marriage with an Afghan national, petitioner No.1 along with her children (petitioners No.2 to 7) have been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.6234 -P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national, namely Meer Ali and out of their wedlock 10 children have born (petitioners No.2 to 11). Due to marriage with an Afghan national, petitioner No.1 along with her children (petitioners No.2 to 11) have been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.6235 -P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock 9 children have born (petitioners No.2 to 10). Due to marriage with an Afghan national, petitioner No.1 along with her children (petitioners No.2 to 11) have been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. Perusal of record further reveals that petitioner had earlier filed W.P.No.3844-P/2022 which was disposed of by this court on 9.5.2023 with direction to petitioner to appear before the DLC for redressal of her grievance. As per contents of petition, she appeared before the DLC and also paid fee for cancellation of their POR cards but despite that CNICs have not been issued to them. While on the other, respondents in their comments have stated that petitioner was directed to appear before the Regional Verification Board but she had failed to appear. W.P.No.6260-13/2023 In this petition, petitioner No.1 and 2 (brothers inter se) have been Pakistani nationals who had also been issued CNICs(annexed with petition) but now their CNICs have been blocked because mother of petitioner No.2 had married an Afghan national. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of Afghan Citizen Card. W.P.No.6268-P/2023 In this petition, petitioner is claiming to be Pakistani national on the strength of MNICs issued to his parents. He has been denied issuance of CNIC as he was issued Afghan Proof of Registration card. Now he is seeking directions from this Court to NADRA authorities for issuance of CNIC to him as well as cancellation of his Afghan Proof of Registration Card. W.P.No.6269-P/2023 In this petition, petitioners are claiming to be Pakistani nationals but their CNICs have been blocked due to issuance of Afghan Citizen Cards etc. In support of their stance qua Pakistani nationality, they have annexed copies of MNICs/CNICs of their parents and other close relatives. Now they are seeking directions from this Court to NADRA authorities for issuance/unblocking of their CNICs as well as cancellation of their Afghan Citizen Cards. W.P.No.6317-P/2023 In this petition, petitioners are claiming to be Pakistani nationals but their CNICs have been blocked due to issuance of Afghan Citizen Cards etc to them. In support of their stance qua Pakistani nationality, they have annexed copies of MNICs/CNICs of their parents and grand-parents etc. Now
---
## Page 5
they are seeking directions from this Court to NADRA authorities for issuance/unblocking of their CNICs/Form-B to their children as well as cancellation of their Afghan Citizen Cards. W.P.No.23-P/2024 In this petition, petitioner's CNIC has been blocked by the respondents due to issuance of FOR card in her favour. It is averred in the petition that she appeared before the DLC for unblocking of her CNIC but all her efforts proved futile. Now she is seeking directions from this Court to NADRA authorities for issuance/unblocking of her CNICs. W.P.No.637-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock, 5 children have born (petitioners No.2 to b). Due to marriage with an Afghan national, petitioner No.1 along with her children (petitioners No.2 to 6) have been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No. 704-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock, 5 children have born (petitioners No.2 to 6). Due to her marriage with an Afghan national, petitioner No.1 along with her children (petitioners No.2 to 6) have been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.1225-P/2024 In this petition, petitioner No.1 is a Pakistani national whose daughter, namely Mst. Masooma Bibi (petitioner No.2) had married an Afghan national and due to this fact, she had also been issued Afghan Citizen Card. Petitioner No.2 is seeking directions from this Court to NADRA authorities for issuance of CNIC to her as well as cancellation of her Afghan Citizen Card W.P.No.1235-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married a Pakistani national and out of their wedlock, 10 children have born (petitioners No.2 to 11). Not only spouses but some of their siblings (petitioners No.2 to 11) had been issued CNICs but due to issuance of Afghan Citizen Cards to petitioners No.2 & 9, CNICs of other petitioners have been blocked Now petitioners are seeking directions from this Court to NADRA authorities for issuance/unlocking of their CNICs as well as cancellation of their Afghan Citizen Cards. W.P.No.1331-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock, 7 children have born (petitioners No.2 to 8). Due to her marriage with an Afghan nation al, petitioner No.1 along with her children (petitioners No.2 to 6) have been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.1484-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married petitioner No.2. Out of their wedlock, petitioners No.3 to 8 have born. Petitioner No.1 has been issued CNIC as well as Pakistani Passport (attached with petition) but issuance of CNIC to petitioners No.2 to 8 had been denied due to issuance of ACC to them. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioners No.2 to 8 as well as cancellation of their Afghan Citizen Cards. W.P.No.1491-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.3 & 4 have born. Due to said wedlock, petitioner No.1 was also issued Afghan Citizen Card(ACC) & and due to which, respondents have refused to
---
## Page 6
issue her CNIC. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNIC to petitioner No. 1/Form-B to petitioners No.3 & 4 as well as cancellation of their Afghan Citizen Cards. W.P.No.1495-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.3 to 10 have born. Due to this wedlock, petitioner No.1 as well as her siblings (petitioners No.3 to 10) had been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioner No. 1 and her siblings (petitioners No.3 to 10) as well as cancellation of their Afghan Citizen Cards. W.P.No.1497-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.3 to 11 have born. Due to this wedlock, petitioner No.1 as well as her siblings (petitioners No.3 to 11) had been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioner No. 1 and her siblings (petitioners No.3 to 11) as well as cancellation of their Afghan Citizen Cards. W.P.No. 15 53-P/2024 In this petition, petitioner No.1 is a Pakistani national whereas petitioners No.2 to 12 are her children who have been issued Afghan Citizen Cards. Now she is seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioner No. 2 to 12 being children of Pakistani national(petitioner No.1) as well as cancellation of their Afghan Citizen Cards. W.P.No.1584-P/2024 In this petition, petitioners No.1 to 5 are brothers-sisters inter se while rest of petitioners are their children. They have averred in the petition that they have been Pakistani nationals on the strength of old record (MNICs) but later on they had been issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.1676-P/2024 In this petition, petitioner is a Pakistani national who had married an Afghan national and due to this fact, she was also issued Afghan Citizen Card. It is averred in the petition that she appeared before the Verification Board of NADRA for the issuance of CNIC to her but in vain. She is seeking directions from this Court to NADRA authorities for issuance of CNIC to her as well as cancellation of her Afghan Citizen Cards. W.P.No. 1 764-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married a Pakistani national, namely, Qadar Khan (now dead) and out of their wedlock, petitioners No.2 to 9 have born. It is averred in the petition that in order to get financial aid from foreign donors, petitioners got themselves registered as Afghan Refugees and thereafter they were issued Afghan Citizen Cards. Now they are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No. 1 872-13/2024 In this petition, petitioners have averred that they have been Pakistani nationals on the strength of old record (MNICs of their parents) but later on, mistakenly , they had registered themselves as Afghan Refugees and were issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.1934-P/2024
---
## Page 7
In this petition, petitioners No.1 is mother of petitioners No.2 to 11. It is averred in the petition that due to marriage of petitioner No.1 with Afghan national, they have been issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.1939-P/2024 In this petition, petitioners No.1 is mother of petitioners No.2 to 4. It is averred in the petition that due to marriage of petitioner No.1 with Afghan national, they had been issued Afghan Proof of Registration Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Proof of Registration Cards. W.P.No.1942-P/2024 In this petition, petitioners No.1 is mother of petitioners No.2 to 9. It is averred in the petition that due to marriage of petitioner No.1 with Afghan national, they had been issued Afghan Proof of Registration Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Proof of Registration Cards. W.P.No.1972-P/2024 In this petition, petitioners No.1 is mother of petitioners No.2 to 8. It is averred in the petition that due to marriage of petitioner No.1 with Afghan national, they had been issued Afghan Proof of Registration Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Proof of Registration Cards. W.P.No.1974-P/2024 In this petition, petitioners No.1 is mother of petitioners No.2, 3, 4, 5, 6 and 7 while rest of the petitioners are children of petitioners No.2 and 3. It is averred in the petition that they have been Pakistani nationals and in support of their stance, they have annexed MNIC of husband of petitioner No.1 but for the sake of getting financial aid, they had been issued POR Cards and also Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Proof of Registration Cards/Afghan Citizen Cards. W.P.No.1990-1312024 In this petition, petitioners No.1 & 2 are spouses inter se while petitioners No. 3 to 11 are their children. It is averred in the petition that they have been Pakistani nationals and in support of their stance, they have annexed MNIC of father of petitioner No.1 but for the sake of getting financial aid from foreign donors, they had been issued Afghan Proof of Registration Cards/Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Proof of Registration Cards/Afghan Citizen Cards. W.P.No.1993-11/2024 In this petition, petitioner No.1 is Afghani national who had married a Pakistani national, namely, Samar Rehman (now dead) and out of their wedlock, petitioners No.2 to 4 have born. In support of this stance, they have annexed copies of CNIC, domicile and death certificate of deceased Saif ur Rehman. It is averred in the petition that in order to get financial aid from foreign donors, petitioners had been issued Afghan Citizen Cards. Now they are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards. W.P.No.1996-P/2024 In this case, petitioners No.1 & 2 (spouses inter se) are claiming to be Pakistani nationals on the basis of their old MNICs etc. and out of their wedlock petitioners No.3 to 10 have born. It is averred in the petition that in order to get financial aid from foreign donors, they had been issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of
---
## Page…
Read the unabridged text and precedent citation network on Al Wakeelo Legal Research Platform.