MUHAMMAD NASIR vs State Ss — 2022 PCrLJN 19 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NASIR VS State Ss. 3, 9, 13 & 14---Penal Code (XLV of 1860), Ss. 419, 420, 468, 471 & 109---Pakistan Citizenship Act (II of 1951), S. 16A---Entry and departure in Pakistan through unauthorized route---Burden of proof as to nationality---Cheating by personation---Forgery for the purpose of cheating---Using as genuine a forged document---Presumption as to Pakistan citizenship---Exclusion of oral evidence---Scope---Appellant arrived in Pakistan on the strength of emergency passport from a foreign country---During inquiry, appellant disclosed that he left for a foreign country through an unauthorized route and due to the situation in foreign country he returned back to Pakistan---Plea of prosecution was that appellant was not a Pakistan citizen and oral evidence was available to such extent---Validity---Appellant produced his Birth Certificate, Computerized National Identity Card, Nikahnama, Computerized Marriage Registration Certificate, Birth Registration Certificates of his daughters, Birth Registration Certificate of his wife, Permanent Residency Certificate, Old National Identity Card and Computerized National Identity Card of his father, Computerized National Identity Card of his mother, Domicile and Permanent Residency Certificate of his father and Death Registration Certificate of his mother---Said documents established a chain of circumstances relating to the habitation and existence of appellant's relatives in Pakistan---Said documents appeared to have been issued by competent authorities/organizations certainly after due verification and inquiry, which could not be termed as valueless---Parents of appellant were not accused of entering into Pakistan illegally---Person domiciled in the territory of Pakistan from Bangladesh before 16.12.1971 alone could not be treated as foreigner because Bangalis were given statutory recognition--- Documentary evidence prevailed upon oral evidence---Appellant had discharged the burden of proof in terms of S. 9 of Foreigners Act, 1946---Appeal was allowed, accordingly.

MUHAMMAD NASIR vs State Ss — 2022 PCrLJN 19 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported