MASOOMA vs FEDERAL GOVERNMENT through Ministry of Interior Pak Secretariat Ss

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MASOOMA VS FEDERAL GOVERNMENT through Ministry of Interior Pak Secretariat Ss. 10(2) & 17---Constitution of Pakistan, Art. 199---Constitutional petition by alien/foreign national seeking directions for issuance of Computerized National Identity Card (CNIC)---Fore-father of petitioners migrated from Afghanistan to Pakistan and the petitioners were born in Pakistan---Petitioners got married to Pakistani citizens---Both the petitioners applied for issuance of CNIC after fulfilling all the legal requirements, however, their request was declined---Validity---Computerized National Identity Card could not be issued in favour of petitioners in absence of Certificate of Domicile issued by the Federal Government---Besides marrying Pakistani citizens, petitioners were also entitled for Pakistani citizenship being born in Pakistan within the purview of S. 4 of the Pakistan Citizenship Act, 1951 (Act, 1951), however, for the said purpose, they had to approach the Federal Government for issuance of Certificate of Domicile under S. 17 of the Act, 1951---However, it was a case of hardship as the refusal of CNIC in favour of petitioners had exposed them to horrendous consequences however, the Authority was bereft of jurisdiction and power to issue CNIC in absence of Certificate of Domicile by the Federal Government---Under S. 10(2) of the Act, 1951, a women who had been married to a citizen of Pakistan would be entitled on making application to the Federal Government in the prescribed manner and if she was an alien, on obtaining a certificate of domicile and taking the oath of allegiance in the form set out in the Schedule to the Act to be registered as a citizen of Pakistan but such special concession was not available to male aliens within the purview of S. 10(2) of the Act, 1951---Petition was disposed of with direction that the petitioners shall approach the Federal Government in the prescribed manners for the grant of Certificate of Domicile.

MASOOMA vs FEDERAL GOVERNMENT through Ministry of Interior Pak Secretariat Ss — 2024 PLD 33 QUETTA-HIGH-COURT-BALOCHISTAN

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