Mst. Lal Pari etc Vs Federation of Pakistan etc.

Judgment Sheet

IN THE PESHAWAR HIGH COURT,

PESHAWAR.

JUDICIAL DEPARTMENT.

JUDGMENT

Writ Petition No.4827-P/2025.

Date of hearing 02.09.2025.

Mst. Lal Pari, etc Vs Federation of Pakistan through Federal Secretary, Islamabad, etc.

Petitioner (s) by: Mr. Saifullah Muhib Kakakhel Advocate.

Respondent(s) by: M/s Sanaullah, Additional Attorney General alongwith Nazar Muhammad Buzdar, Additional Secretary, Ministry of Interior, Islamabad, Hafiz Shamsur Rasool, representative of Ministry of Interior & Narcotics, Islamabad Abdul Rauf, D.D. legal, Faisal Hameed, DG, NADRA, Shahid Khan, Director Operation, Muhammad Mubarak, AD, legal, Shehzada Jabbar and Shahid Imran Gigyai, AD (legal) NADRA, and Nadeem Shah AAG.

WIQAR AHMAD, J:-. This single judgment shall dispose of instant Writ Petition bearing No.4827-P/2025 (Mst.Lal Pari etc Vs Federation of Pakistan through Federal Secretary, Islamabad etc) alongwith Writ Petition No.4681-P/2025 (Sherzada etc Vs Federation of

Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4690-P/2025 (Umaira Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4693-P/2025 (Gul Rang Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4715- P/2025 (Hamesh Gul Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4799-P/2025 (Ali Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4805-P/2025 (Mst.Nazar bibi Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4825-P/2025 (Zewar Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4826-P/2025 (Mst.Hassan Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4307-P/2025 (Abdul Wali etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4338-P/2025 (Abdul Wafi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4385-P/2025 (Baswara Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4461-

P/2025 (Aziz Ullah etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4464-P/2025 (Nasrat etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4494-P/2025 (Wazir Gul etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4518-P/2025 (Maghul Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4541- P/2025 (Nazar Ali etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4544-P/2025 (Mst.Shadala etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4560-P/2025 (Sher Muhammad etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4593- P/2025 (Mst.Johar Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4605-P/2025 (Faqir Jan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4608-P/2025 (Sattar Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4626-P/2025 (Mst.Razia Bibi etc Vs Federation of Pakistan through

Federal Secretary to Islamabad etc), Writ Petition No.4652-P/2025 (Mst.Khalida Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4829-P/2025 (Mst.Nasreen Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4830-P/2025 (Khan Afzal etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4831- P/2025 (Mst.Saima Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4832-P/2025 (Talib Jan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4833-P/2025 (Niaz Muhammad etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4834-P/2025 (Mst.Pukhraj Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4908-P/2025 (Mst.Mema Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4948-P/2025 (Mst.Quresha Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4949-P/2025 (Mst.Jehan Bibi etc Vs Federation of Pakistan through Federal Secretary to

Islamabad etc), Writ Petition No.4954-P/2025 (Muhammad Yaqoob etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4956-P/2025 (Mst.Samiya Gulla etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5195-P/2025 (Mst.Zakia etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5197-P/2025 (Zarif Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5198-P/2025 (Haji Aka Khel alias Iqbal Jan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5200-P/2025 (Mst.Zia Gul alias Shah Gul etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5203-P/2025 (Mst.Nighat etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5204-P/2025 (Mst.Bibi Nusrat etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5205-P/2025 (Muhammad Talib etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5206-P/2025 (Gul Hassan etc Vs Federation of Pakistan through Federal

Secretary to Islamabad etc), Writ Petition No.5207- P/2025 (Hussain Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5208-P/2025 (Raees etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5209-P/2025 (Muhammad Afzal etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5210-P/2025 (Jan Mir etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5211- P/2025 (Sahib Shah etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5213-P/2025 (Sher Hassan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5260-P/2025 (Muhammad Wakeel etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5267- P/2025 (Mst.Zia Gul etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5269-P/2025 (Muhammad Alam Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5274-P/2025 (Mst.Najeeba Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ

Petition No.5278-P/2025 (Bacha Gul etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5283-P/2025 (Mst.Sakina Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5284-P/2025 (Mst.Bibi Gul etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5310- P/2025 (Asmat Ullah etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5311-P/2025 (Aziz ur Rehman etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5312-P/2025 (Abdul Razzaq etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5313- P/2025 (Habib ur Rehman etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5314-P/2025 (Fazlur Rehman etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5315-P/2025 (Muhammad Abbas etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5556-P/2025 (Mst.Zaitoon Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4871-P/2025

(Mst.Zareena Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4900-P/2025 (Mst.Nasrat etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.4960-P/2025 (Seedan Gul etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5154-P/2025 (Shafi Ullah etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5382- P/2025 (Mst.Tawsira Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5385-P/2025 (Gul Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5389-P/2025 (Haji Zar Jan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5391-P/2025 (Mst.Ayesha Bibi Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5392-P/2025 (Jehanzeb Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5417-P/2025 (Mst.Huma etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5418-P/2025 (Mst.Kashar Bibi etc Vs Federation of Pakistan through

Federal Secretary to Islamabad etc), Writ Petition No.5448-P/2025 (Noor Mat Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5456-P/2025 (Sifat Ullah etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5460-P/2025 (Rustam Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5461- P/2025 (Muhammad Jameel etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5462-P/2025 (Mst.Parshada Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5463-P/2025 (Mst.Zahida Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5466-P/2025 (Sher Baz etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5493-P/2025 (Said Ahmad etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5494-P/2025 (Ayub Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5495-P/2025 (Mst.Hajira Bibi etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition

No.5496-P/2025 (Muhammad Yousaf Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5509-P/2025 (Shah Muhammad etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), Writ Petition No.5555-P/2025 (Momin Khan etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc) and Writ Petition No.5558-P/2025 (Saleh ur Rehman etc Vs Federation of Pakistan through Federal Secretary to Islamabad etc), as all these writ petition have been filed under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, seeking cancellation of ACCs/PORs, issuance of directions to respondents No.3 & 4 to forward applications of petitioners to respondent No.2, for granting clearance certificate under Section 19 of Pakistan Citizenship Act 1951 as well as issuance of CNICs to petitioners of all these writ petitions.

2.In almost all these petitions, respective petitioners have claimed that they have been Pakistani citizens by descent but had obtained Proof of Registration (POR) or Afghan Citizen Cards (ACC) in order to avail some benefits allowable to the registered Afghan refugees or other Afghan citizens under various schemes launched by UNHCR, Government of Pakistan and other Non-

Governmental Organization (NGOs). Petitioners had statedly approached NADRA authorities for cancellation of ACC or POR Cards and issuance of Computerized National Identity Cards (CNICs) but their grievances had not been redressed. Some of petitioners had also filed Writ Petitions before this Court, which had been decided on the ratio decidendi of “Qasim Khan and others Vs Federation of Pakistan through Federal Secretary, Islamabad etc (Writ Petition No.4283-P/2023) where a number of declarations had been made but amongst them one was that those persons who had obtained ACC and POR Cards should approach the Ministry of Interior, Islamabad for issuance of clearance certificate under Section 19 of Pakistan Citizenship Act 1951. Ratio decidendi of judgment of Qasim Khan supra was based on the judgment of Hon’ble Supreme Court of Pakistan rendered in case of “Sanaullah and others Vs Federation of Pakistan and others (CP No.6256 of 2021) dated 11.03.2024, where similar orders had been issued in pursuance to the assistance rendered by learned Additional Attorney General for Pakistan as well as learned counsel representing NADRA and SAFRON. It is also contended in some of the cases that the authorities of Federal Government and NADRA had not brought in notice of the Hon’ble apex Court and this Court that they had

amended Pakistan Citizenship Rules 1952 on 20th March 2024 vide SRO No.516(I)/2024 dated 20th March 2024.

Besides the Ministry of Interior had issued SRO No.517(I)/2024 dated 21st March 2024, whereunder powers exercisable under Section 19 of Pakistan Citizenship Act 1951, had been delegated to the Registrar General of Pakistan appointed under the National Database and Registration Authority Ordinance 2000 (VIII of 2000).

Learned counsel for petitioners in one of the cases also contended that both the notifications had been kept concealed from the Hon’ble Supreme Court of Pakistan as well as this Court and a judgment obtained to the effect that cases of doubtful citizenship should be dealt by Ministry of Interior, Islamabad rather than NADRA. Learned counsel for petitioners also contended that after facing difficulties in the job, the Interior Ministry, Government of Pakistan had taken a position that all the cases should be dealt by NADRA authorities. It was a situation where doubt had been existing regarding nationality status of those petitioners and it had been held that for clearing said doubts, those persons (who claimed to have been Pakistani nationals and obtained ACC or POR cards) should approach the Federal Government under Section 19 of the Citizenship Act 1951. It was also contended by learned counsel for

petitioners that in compliance of said judgment, petitioners had approached concerned respondents (Ministry of Interior, Islamabad as well as NADRA) but even then they had not been issued Certificate of clearance under Section 19 of Pakistan Citizenship Act 1951, due to the reason that the mechanism has been changed by issuing a circular to the effect of devolving powers to NADRA. Aggrieved from non-issuance of Clearance Certificate under Section 19 of Pakistan Citizenship Act 1951 as well as non-compliance of above judgment of this Court, petitioners have filed all these writ petitions.

3.Respondents were summoned, who after putting appearance have submitted parawise comments in the case of “Mst.Lal Pari etc Vs Federation of Pakistan through Federal Secretary, Islamabad” (Writ Petition No.4827- P/2025) and stated that POR Cards already issued to Afghan Refugees by Government of Pakistan (with assistance of UNHCR) have officially expired on 30th June, 2025 and validity of same has not been extended. They also stated in their comments that legal status of Afghan Citizen Cards (ACCs) holders has also been changed as a result of government’s recent decision and as of September 2, 2025, both ACC and POR Cardholders was to be considered “illegal foreigners”.

4.Likewise, Ministry of Interior & Narcotics Control Government of Pakistan, Islamabad in their report contended as under:

“It is humbly submitted that the amendment made under Section 18 of the Pakistan Citizenship Act, 1951 through an SRO dated 21st March, 2024 states that: "In exercise of the powers conferred by Section 18 of the Pakistan Citizenship Act, 1951, the Federal Government is pleased to delegate its powers exercisable under Section 19 of the said Act to the Registrar General of Pakistan appointed under the NADRA Ordinance, 2000" (Annex-I).

2.Since then applications related to all categories of doubtful cases received in the Ministry of Interior & Narcotics Control are being forwarded to NADRA HQs to decide/process the cases further in light of the amendment made in Section 19 of the Pakistan Citizenship Act, 1951.

3.Meanwhile, during an inter-ministerial meeting on 27.03.2025 led by the Ministry of KA, GB & SAFRON (the issuing authority of ACC/POR) to formulate SOPs for cancellation of ACC/PoR cards of genuine Pakistanis, it was decided that since Section 19 of the Citizenship Act, 1951 has been amended and the powers to issue clearance certificates have been conferred upon the Chairman, NADRA, therefore, the primary responsibility regarding determination of nationality of doubtful cases lies with the Chairman, NADRA.

4.In this regard, it was further conveyed that NADRA would provide revised SOPs. Cases which the Chairman, NADRA ascertains and deems eligible for resumption/restoration of Pakistani citizenship will be sent by NADRA to the Ministry of KA, GB & SAFRON for cancellation of the ACC or POR cards (as the case may be). The confirmation of cancellation will thereafter be communicated to NADRA, and NADRA will then act accordingly, cancel the POR/ACC card and process the CNIC.

5.Accordingly, on 29th July, 2025, NADRA has devised the policy to verify/re-verify POR/ACC cases in the light of Section 19 of the Pakistan Citizenship Act, 1951.”

5.Arguments heard and available record perused.

6.Perusal of record reveals that this Court while rendering judgment dated 31.05.2024 in the case of “Qasim Khan and others Vs Federation of Pakistan through Federal Secretary, Islamabad etc” (Writ Petition No.4283-P/2023) has extensively dealt with the law relating to effects of marriage of Pakistani national with an Afghan national on the respective status of both the parties to such contract of marriage as well as the offspring born thereof, the effect of their status as to nationality, registration with NADRA and alike matters. Said exercise need not be done again. At conclusion of the judgment it was declared and observed as follows:

I. A Pakistan woman married to an Afghan national is held entitled to hold dual nationalities i.e. Pakistan and Afghanistan and she would be entitled to issuance of CNIC etc despite issuance of ACC/POR etc in her name (if no doubt is otherwise existing in respect of her citizenship of Pakistan) and the act of respondents qua blocking of their CNICs for the reason of her entry as ACC or POR Card Holder, (for such reason), is declared as illegal, ultra vires, null and void.

II. Those persons who are below the age of 21 years and born out of a wedlock, one part of which i.e. husband or wife is a Pakistani national, are also held entitled to retain dual nationality till attaining the age of 21 years, without renunciation of nationality of either of the two countries i.e. Pakistan and Afghanistan in the cases in hand. The act of respondents where they have been refusing entry of the minor and issuing them Form-Bai as well as refusal of CNIC for the reason that persons of

the above mentioned age group have been found in the DATA of ACC or POR card holders, are also declared to be illegal, ultra vires and resultantly null and void. Such persons are held entitled to registrations by the NADRA.

III. Those petitioners who themselves or their spouses are Afghan nationals but having married to Pakistani citizen are held entitled to issuance of POC. They are also held entitled to apply for grant of citizenship by way of naturalization to the Federal Government in the prescribed manner.

IV. Those Pakistani citizens in whose names ACC or POR cards had been issued and who are not falling in the categories No.1, 2 & 3, they shall apply to the Federal Government under section 19 of the Citizenship Act for issuance of a clearance certificate in the prescribed manner (explained above). A female Pakistan citizen married to an Afghan national and the children born out of the wedlock who are below the age of 21 years, shall, however, be treated as exceptions to this principle and they need not apply to the Federal Government under section 19 of the Citizenship Act.”

7.A confusion has now been created where the respondents have taken a different stance in their comments submitted in instant case (“Mst.Lal Pari etc Vs Federation of Pakistan through Federal Secretary, Islamabad” Writ Petition No.4827-P/2025) where the Interior Ministry claimed that Federal Government has devolved their powers of issuance of clearance certificate (as to nationality under Section 19 of Pakistan Citizenship Act 1951) to NADRA authorities and have also amended relevant rules i.e, Pakistan Citizenship Rules 1952. In such perspective, Ministry of Interior, Government of Pakistan Islamabad, stopped processing of cases for issuance of Clearance

Certificate under Section 19 of the Citizenship Act 1951 and have referred the matters to NADRA. People then again started coming and filing writ petitions before this Court, like the case in hand and sought directions to NADRA authorities for processing their cases. In such perspective, it was directed by this Court on 28.08.2025 while entertaining Writ Petition No.5556-P/2025;

“Learned counsel for the petitioners contends that same petitioners had earlier filed Writ Petition No.3019-P of 2025, which was decided in light of the judgment rendered in "Qasim Khan and another vs. Federation of Pakistan and others (WP No.4283-P of 2023), wherein it was held that the petitioners should approach the Federal Government for issuance of clearance certificate under Section 19 of the Citizenship Act, 1951. He further submits that the Federal Government has now changed its policy and kept all such cases pending, which are neither being decided by the Federal Government nor being referred to NADRA, and in the meantime, a deadline for evacuation of Afghan nationals has also been announced by the Federal Government. He added that in such circumstances, the petitioners have been compelled to file the instant writ petition.

In view thereof, we direct the concerned Additional Secretary, Ministry of Interior, to appear before this Court and explain the modality adopted by the Federal Government for dealing with pending cases, particularly after the amendment made through SRO No.516(I)/2024 dated 20.03.2024. Similarly, the Director General, NADRA Khyber Pakhtunkhwa, shall also appear in person, as a large number of similar cases are fixed for 02.09.2025. Both the worthy officers shall inform the Court regarding the modalities adopted for handling similar nature cases. Adjourned to

8.Today Mr.Nazar Mohammad Buzdar, Additional Secretary, Ministry of Interior (MOI) appeared and assisted the Court. The worthy Additional Secretary, (MOI) stated that although cases of issuances of Clearance Certificates under Section 19 of Pakistan Citizenship Act 1951, was primarily job of Interior Ministry of Government of Pakistan but same has been devolved to NADRA, in which respect a notification has been issued and necessary amendments have also made in Pakistan Citizenship Rules 1952 enabling NADRA to competently deal with issuance of clearance certificate under Section 19 of Pakistan Citizenship Act 1951. He also informed the Court that all the cases entertained by Ministry of Interior Islamabad in pursuance of various judgments of this Court, have also been sent to NADRA for further processing in accordance with law and that necessary intimation to this effect shall be issued by Ministry of Interior, Government of Pakistan Islamabad to all the petitioners in such cases within a short span of time. In response to query of this Court, the worthy Secretary also stated at the bar that Ministry of Interior, Islamabad would consider cases of all the applicants who have claimed to have been Pakistanis but in their names ACC Cards have wrongly been issued and after satisfying

themselves about genuineness of the cases, in collaboration with NADRA, the Ministry shall issue a list excluding such applicants from the current drive of deportation and such details shall be shared with administrations of various districts as well as police administrations instructing them not to harass or deport such persons during pendency of their applications before NADRA authorities. We direct that such exercise should be taken at the earliest and those cases in which petitioners are prima facie found having antecedents of being Pakistani national and in whose names ACC cards have been issued wrongly, shall be identified by the Ministry of Interior, Islamabad in collaboration with NADRA and such data shall be shared with police and District Administrations. They shall not be harassed or deported while their applications for issuance of clearance certificates under Section 19 of Pakistan Citizenship Act 1951 are pending before NADRA authorities.

9.Regarding modalities adopted by NADRA, it was explained by Director General, NADRA that NADRA shall process all those cases where applicants had earlier approached this Court and whose cases had earlier been sent to Ministry of Interior Islamabad on the ratio of Qasim Khan judgment supra and that necessary intimation would also be issued to such applicants. He also informed that

NADRA have designated their Service Delivery Center at Ring road, Peshawar as their first center for entertaining all those persons, who claim to be Pakistani citizens and in whose names ACC or POR Cards had wrongly been issued.

He added that by looking to number of persons and capacity of the Service Delivery Center, other centers would also be authorized for enabling the authority to cope with influx of such persons and NADRA would efficiently deal with all such cases at the earliest. While explaining the policy given by NADRA for the purpose, the worthy Director General, also stated that after necessary verification is made by NADRA, once a Certificate of Clearance is issued under Section 19 of Pakistan Citizenship Act 1951 then the applicants would be required to collect the Certificate and move another application to Ministry of SAFRON for obtaining their NOC for cancellation of ACC and POR Cards in the relevant NADRA database. Here we found that this may result into much inconvenience (keeping its legality aside, which may be decided in some appropriate case) for those persons, who are verified by NADRA to have been Pakistani citizens. Compelling them to collect Certificate of Clearance from NADRA authorities and then applying to Ministry of SAFRON for giving NOC for cancellation of ACC and POR cards (as the case may be)

would be a cumbersome exercise for such persons. At that stage they would not be having their CNICs and compelling them to physical go to Ministry of SAFRON at Islamabad, may subject them to much hardship. For avoiding such hardship to Pakistani citizens (verified by then) it is directed that NADRA shall develop a Software for Ministry of SAFRON and once a person is verified and he is issued a Certificate under Section 19 of Pakistan Citizenship Act 1951, such certificate shall be transmitted to the ministry of SAFRON electronically, who shall respond to NADRA within a specified time (not more than 15 days) whether they have got an objection on cancellation of ACC or POR Cards of the individual or not. If they have got no objection, then NADRA would process cancellation of ACC or PORs Cards and issuance of CNIC to such Pakistani citizens (as per their SOP. This modality should be finalized by Secretary, Ministry of SAFRON, Islamabad or his representative with Chairman, NADRA or his representative within 15 days.

10.In light of what has been discussed above, we dispose of this and all the connected writ petitions with the observations that all the applicants should apply to Service Delivery Center at Ring Road, Peshawar or any other Center which may be designated by NADRA. Their cases

shall be entertained by NADRA authorities and proceeded in accordance with law for issuance of a Certificate under Section 19 of Pakistan Citizenship Act 1951. Once such certificate is issued then the Ministry of SAFRON shall be bound to electronically convey their objections or no objections to the NADRA authorities within 15 days of communication of an electronic copy of such certificate.

The Ministry of SAFRON shall also develop a modality for communicating their objections or no objections to NADRA electronically, in accordance with our directions given above.

Announced.

SD

JUDGE

SD

JUDGE

“A.Qayum PS” (DB) Hon’ble Mr. Justice Wiqar Ahmad & Mr.Justice Muhammad Ijaz Khan.