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Abdul Qadir vs Federation of Pakistan S — 2024 MLD 1774 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 MLD 1774 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
MLD
Parties
Abdul Qadir vs Federation of Pakistan S
Subject matter
Constitutional
Provisions referred to
S. 18; Preamble---Pakistan Citizenship Act (II of 1951); Pakistan Citizenship Act; Registration Authority Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Abdul Qadir VS Federation of Pakistan S. 18 & Preamble---Pakistan Citizenship Act (II of 1951), Preamble---Computerized National Identity Card (CNIC), blocking of---Legality---Citizenship of person, determination of---Competent authority---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---Validity---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.

Other judgments reported in 2024 MLD

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