Saeed Zahir Zada vs Federation of Pakistan through Secretary Ministry of Interior S

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Saeed Zahir Zada VS Federation of Pakistan through Secretary Ministry of Interior S. 18 & Preamble---Pakistan Citizenship Act (II of 1951), S. 169 & Preamble---Computerized National Identity Card (CNIC), blocking of---Legality---Citizenship of person, determination of---Competent authority---Petitioner sought direction from the High Court to National Database and Registration Authority (NADRA) to unblock his Computerized National Identity Card (CNIC)---Petitioner pleaded that his CNIC had been blocked by the National Database and Registration Authority (NADRA)---Respondents contended that the petitioner had obtained CNIC by unfair means by committing fraud and concealing the facts at the time of processing of his CNIC by posing himself as citizen of Pakistan---Validity---Pursuant to the report received by the NADRA from the intelligence agency, the CNIC of the petitioner was digitally, impounded on the basis of mere suspicion and doubt nothing in the said report could establish the alleged fraud and misrepresentation on the part of the petitioner---Therefore, when a right is accrued to any person, the same could not be taken back, withheld, and/or stripped away without adhering to due process of law; such right could not be taken away on mere suspicious or feeble grounds---Moreover, the CNIC of the petitioner was digitally impounded on the solitary report of the agency, wherein it was alleged that the petitioner had obtained his CNIC by unfair means, committing fraud and concealing the facts by posing himself as citizen of Pakistan at the time of processing of his CNIC---Such stance taken by NADRA held no veracity as neither NADRA nor any intelligence agency was competent under the law to determine the citizenship of a person---All matters relating to or in connection with the citizenship of a person were covered and dealt with under the Citizenship Pakistan Act solely, whereas the Ordinance 2000 provided for the registration of all persons and for the establishment and maintenance of a multipurpose database, data warehouses, etc.---NADRA under the Ordinance 2000 did not have the jurisdiction to initiate proceedings, whereby the eligibility of a person to hold CNIC based on his/her citizenship could be interrogated---Determination of eligibility, relating to a person's citizenship, fell strictly within the exclusive jurisdiction of the competent authority under the Pakistan Citizenship Act, particularly Section 16 read with the Pakistan Citizenship Rules, 1952---Therefore, any action under Section 18(2)(a) of the Ordinance, 2000, concerning eligibility linked to citizenship, must be based on a prior determination by the competent authority---NADRA under Ordinance, 2000 cannot block, suspend, impound or confiscate a CNIC on citizenship-related grounds unless a prior judicial order or final determination by the competent authority had been made under Section 16 of the Citizenship Act---In such circumstances, NADRA could initiate appropriate proceedings before the competent authority i.e., the Federal Government under the Pakistan Citizenship Act---Respondents were also directed to provide fair opportunity to the petitioner keeping in view fundamental rights and international obligations---Petitioner was also directed to comply with proceedings so that his grievances could be redressed amicably by the competent authority---NADRA under Ordinance, 2000 was directed to restore the CNIC of the petitioner for the time being till the decision of the Federal Government upon the application of the petitioner---Petition was partly allowed.

Saeed Zahir Zada vs Federation of Pakistan through Secretary Ministry of Interior S — 2025 MLD 1315 ISLAMABAD

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