HAR LAL vs FEDERATION OF PAKISTAN Ss — 2024 PLD 100 KARACHI-HIGH-COURT-SINDH

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HAR LAL VS FEDERATION OF PAKISTAN Ss. 9(3) & 45---National Database and Registration Authority (Application for National Identity Card) Regulations, 2002, Regln. 10(2) & Sched. II, Form---Constitution of Pakistan, Arts. 2 & 260(3)(a), (b)---Declaration, signing of---Non-Muslims---Applicability---Petitioner was a non-Muslim who assailed requirement of signing of a declaration for Muslims only at the time of issuance of Computerized National Identity Card---Validity---Islam may be the State religion in terms of Art. 2 of the Constitution and whilst Art. 260 (3)(a) & (b) of the Constitution sets out definition of a "Muslim" and clarifies that any person who does not fall within that definition is a "non-Muslim" to include persons belonging to certain other faiths forming part of the religious minorities of the country within that fold---Constitution does not regard other religions to be lesser or non-Muslims to be less than equal citizens---Constitution does not presume all citizens to be Muslims and envisages that non-Muslims are required to firstly deny an affiliation to Islam through a declaration that they are not Muslims for purpose of stating their own faith---On the contrary, the Constitution is axiomatic that just as people practicing Islam identify as Muslim, people who profess the religion of Hinduism identify themselves as Hindus and people professing religion of Christianity identify themselves as Christians, and so on, with each separate identification mutually exclusive of others, and it thus is sufficient for adherents to any particular religion to simply state that they are followers of such faith---High Court directed Federal Government and National Database Registration Authority to redesign the Form set out in Schedule II of the Regulations so as to harmonize the declaration to be made by all citizens so that they may simply state their own faith without having to disavow an affiliation or association with any other religion---Constitutional petition was allowed accordingly.

HAR LAL vs FEDERATION OF PAKISTAN Ss — 2024 PLD 100 KARACHI-HIGH-COURT-SINDH

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