Ijaz-ur-Rehman vs State Ss — 2026 MLD 401 ISLAMABAD

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

Ijaz-ur-Rehman VS State Ss. 419, 420, 468 & 471---Foreigners act (XXXI of 1946), S.14---Criminal Procedure Code (V of 1898), Ss. 249-a & 561-a---Cheating, forgery and illegal entry of foreigner into Pakistan---Report of NaDRa Verification Board---acquittal of accused---Petitioner / accused was alleged to be a foreigner who had fraudulently obtained Computerized National Identity Card (CNIC) of Pakistan---Trial Court as well as Lower appellate Court declined to acquit petitioner / accused under S.249-a, Cr.P.C.---Validity---NaDRa Verification Board is the supreme statutory authority responsible for verification and authentication of national identity---Verification Board declared through its report that petitioner / accused was a genuine citizen---Such report was not a mere opinion but a conclusive and authoritative finding rendered by the very organization that initiated the criminal process---Such determination emanated from the complainant itself which had effectively dismantled the very foundation of the prosecution case, leaving no probability of conviction within the contemplation of law---Offence under S.14 of Foreigners act, 1946 was contingent entirely upon the person who was a 'foreigner' and such status was conclusively negated by NaDRa---Offences of forgery and cheating under Penal Code,1860 were predicated on the document which was forged and identity was fabricated but issuance of the document had certified authenticity of the CNIC, thus element of forgery and cheating had evaporated---High Court in exercise of inherent jurisdiction under S.561-a, Cr.P.C. set aside order passed by two Courts below and acquitted petitioner / accused of the charge---Constitutional petition was allowed in circumstances.

Ijaz-ur-Rehman vs State Ss — 2026 MLD 401 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2026 MLD