Daulat Khan Khilji etc Vs Ministry of Interior through Secretary Interior, Government of Pakistan etc.

PESHAWAR HIGH COURT, PESHAWAR

(JUDICIAL DEPARTMENT)

Writ Petition No. 128-P/2025

Daulat Khan Khilji etc.

......Petitioners.

Versus

Ministry of Interior through Secretary Interior, Government of Pakistan etc.

.......Respondents.

For the Petitioner: Mr. Jehanzeb Khan Khalil, Advocate.

For the Respondents: Mr. Rahat Ali Nahqi, Asstt: Attorney General for Federal Government.

For NADRA. M/s Abdul Rauf, Deputy Director, Mohammad Mubarak and Shahid Imran Gigyani, Ads ( Legal).

Date of Hearing: 12.01.2026

JUDGMENT

WIQAR AHMAD, J.- Through this single judgment this court is going to dispose of Writ Petition No. 128-P/2025, Writ Petition No. 2273-P/2025, Writ Petition No. 2815- P/2025, Writ Petition No. 4576-P/2025 and Writ Petition No.

5442-P/2025, as common questions of law are involved albeit facts of each case are different. Facts of the respective cases are therefore mentioned separately.

2.Facts of Writ Petition No. 128-P/2025 are that the petitioners are claiming to be permanent residents of Quetta

Baluchistan, a Pakistani nationals and presently residing at Hayatabad Peshawar; that the first marriage of petitioner No.1 was solemnized with Bibi Sadiqa, and from this wedlock three sons namely, Muhammad Ullah, Atta Ullah and Asmat Ullah and four daughters Mst. Sultan Zari, Ayesha Bibi, Amina Bibi and Bibi Maryam were born, all of whom are alive; that petitioner No.1 thereafter contracted a second marriage with petitioner No.2, Bibi Hameeda, and from this marriage petitioners No.3 to 7 were born and are also alive; that due to unavoidable circumstances, petitioners along with other family members migrated from Quetta to Abbottabad in 2007, where petitioner No.1 started his business. During his stay at Abbottabad, he purchased various immovable properties through different sale transactions and had the corresponding mutations duly recorded in his name; that petitioner No.1 also purchased additional immovable property in Peshawar, evidenced through various mutations placed on record as Annexure-F; that for the purpose of shifting from Abbottabad to Peshawar, petitioner No.1 purchased a residential house measuring two kanals in Hayatabad in 2011, whereafter the entire family migrated to Peshawar and have been residing in the said house; that in the years 2017–2018, serious family disputes arose between petitioner No.1 and his children from the first marriage, as well as his first wife. Their harsh, disobedient and disrespectful conduct caused petitioner No.1 severe mental stress, for which he remained under treatment

by the family doctor; that due to the above circumstances, petitioner No.1, having lost his temper and seeking to create difficulties for his disobedient children and first wife, misguidedly took the extreme step of surrendering his and petitioner No.2’s Pakistani nationality during the Amnesty Scheme of the Government of Pakistan, despite the fact that both were genuine Pakistani nationals. Although this action initially created complications for the aforementioned family members, it simultaneously caused petitioner No.1 and petitioner No.2 to suffer serious consequences arising from their own uninformed act. Petitioner No.3 is presently a BBA student at IM Sciences, Hayatabad, petitioner No.4 is studying at Jamia Farooqia, while petitioners No.5 to 7 have completed their religious education and are serving as teachers at Jamia Fatmia-tuz-Zuhra, Hayatabad; that the surrender of nationality by petitioners No.1 and 2 caused petitioners No.3 to 7, (despite being real children of petitioner No.1 and Pakistani citizens by birth), to face severe hardships in their education and other aspects of life. To avoid further hardship, the petitioners submitted an application on 22.10.2024 for restoration of their nationality and issuance of CNICs to respondent No.1, along with all requisite documents, vide diary No.1932 but despite repeated visits by the petitioners, respondent No.1 has failed to redress their grievance and has paid no heed to their lawful request.

Facts of WP No. 2273-P/2025. It was averred in the writ petition that the petitioner was a peaceful and law-abiding citizen of the Islamic Republic of Pakistan by descent, belonging to a Pakistani family from his forefathers. He is the son of Haibat Khan and, being a genuine Pakistani national, applied for issuance of his CNIC to the respondents, who, after completing all legal formalities, duly issued him his NIC and CNIC. The petitioner also applied for and was issued a valid Pakistani passport. The petitioner has six children, namely Javed Ali, Muhammad Umar, Muhammad Bilal, Imran, and two daughters, Mst. Saima and Mst. Salma. The respondents/NADRA authorities subsequently blocked the CNIC of the petitioner despite the fact that the petitioner had provided strong and credible evidence in support of his identity. No reply or reason has been communicated to him. It was also averred in the writ petition that the respondents were also avoiding issuance of CNICs and Form-B/Birth Certificates to the children of the petitioner, causing further hardships.

Facts of WP No. 2815. According to contents of the writ petition, petitioners owned landed properties in Perokhel and Mukhtar Khel, Landi Kotal, District Khyber, and were Pakistani nationals to whom computerized identity cards were duly issued by the respondents. They belonged to the Shinwari tribe. The petitioners and their forefathers have been permanent residents of District Khyber for a long time, and

their names were duly recorded in the voters list maintained by the Deputy Commissioner, Khyber. It was further stated that without any prior notice, justification, or lawful reason, respondent No.2 suddenly blocked the computerized identity cards of the petitioners, causing them serious hardship.

Facts of WP No. 4576. The petitioner, as per contents of writ petition, is a citizen of Pakistan, born in District Peshawar, and the area of his birth has always remained part of the territory of Pakistan. Since birth, the petitioner has continuously and permanently resided in Pakistan with his family and has never lived outside the country at any stage of his life. Being a Pakistani citizen, he applied for CNIC and, after fulfilling all legal requirements, the respondents duly issued him his CNIC.

The petitioner’s parents, now deceased, were also holders of valid CNICs and possessed all requisite records dating back to 1979. Likewise, the petitioner’s brothers have been issued CNICs by the competent authorities as Pakistani nationals. It was also averred that without issuing any notice or providing any lawful justification, the respondents abruptly blocked the CNIC of the petitioner. When the petitioner approached the NADRA office for redressal, respondent No.2, taking advantage of his illiteracy, directed him to surrender his CNIC, which he did in good faith. Thereafter, the petitioner appeared before the District Level Committee (DLC) for verification. The DLC, after due inquiry, cleared the petitioner and affirmed his status as a Pakistani national vide Letter No.

20026-DC(P)/AG-II/DLC(PSH) dated 16.09.2019. It was also stated that despite repeated visits, the respondents have failed to restore the CNIC, and the petitioner has now been informed that he must undergo a process for “restoration of citizenship,” which is illegal, unconstitutional, and in violation of his fundamental rights, as the petitioner has always been a Pakistani citizen. The petitioner and his predecessors have been permanent residents of Peshawar for generations, have lived their entire lives within Pakistan, and have never obtained or opted for the nationality of any other country. The petitioner is a Pakistani national by birth and lineage and holds no other citizenship whatsoever.

Facts of WP No. 5442. According to contents of writ petition, the petitioners are bona fide residents of District Peshawar, originally belonging to the Betani Tribe of District Tank, from where they migrated in the late 1970s and settled permanently in Gharib Abad, Salarzai, Peshawar. Petitioner No.1 is a registered businessman operating under the name “M/S Malang Electronics,” holding a valid membership certificate of the Khyber Chamber of Commerce and registration with the FBR. His business is situated in Karkhano Market, Jamrud Road, Peshawar, and he also owns various agricultural and commercial properties in District Peshawar. The remaining family members, including the children of petitioner No.1, are school-going students possessing proper birth certificates. The petitioner also holds a

domicile certificate, while his parents possess passports on which they have also travelled abroad. All petitioners and their family members were previously issued valid CNICs and passports and were duly recognized as Pakistani nationals.

However, upon expiry of the CNIC of petitioner No.1 in 2024, when he approached NADRA for its renewal, the authorities declined renewal despite having issued him a proper token.

The petitioners submitted an application for issuance of CNICs and confirmation of citizenship through Form “Q” to the Interior Ministry via registered A.D, but said application has not been decided to date. Copies of Form “Q” and related receipts are annexed as Annexure “D”. The petitioners and their family members have already been recognized as original inhabitants of the Betani caste of District Tank, and in this regard a valid NOC has been issued by the concerned authorities, including the Naib Tehsildar, SHO of the local police station and the Assistant Commissioner, Tank. Since the initiation of the Federal Government’s repatriation campaign pertaining to Afghan refugees, the local police and administration have started harassing and troubling the petitioners under the guise of this drive, despite the fact that petitioners have been genuine Pakistani nationals.

3.Arguments heard and record perused.

4.Petitioners in all these writ petitions are claiming to have been Pakistani citizens by descent. They also inter-alia

rely on various documents regarding holding of properties in Pakistan and above all the fact that valid CNICs had earlier been issued in their names.

5.Respondents on the other hand are claiming that petitioners had themselves admitted before the Regional Verification Board (“the Board”) that they had wrongly obtained their earlier obtained CNICs and that they had also surrendered same before the Board. In support of their defence the concerned respondents i.e. NADRA have mostly annexed a similar application form where thumb impressions of one of petitioners have been shown affixed. It is their case that under a survey relating to national verification program and amnesty scheme launched by the Federal Government, head of the family of petitioners, in most of the cases had surrendered their CNICs. It is of utmost significance to be noted at this juncture that in none of the cases the respondents could neither produce any order of the competent authority issued under section 18 of the NADRA Ordinance, 2000 (herein after referred to as “the Ordinance”) for cancellation of CNICs earlier issued to the petitioners nor a certificate issued under section 17 of the Ordinance. It has not even been mentioned in the comments that such an order has ever been passed by the competent authority i.e. Director General, NADRA as authorized officer under section 18 of the Ordinance, the certificate had been issued under subsection 3 of section 17 of the ordinance.

6.Now that this court is seized with the case the situation before it is that NADRA authorities have obtained as sort of admission on a form, copy annexed with the comments in almost all the cases, where head of the family have been shown submitting a declaration relating to surrender/relinquishment of the CNICs. The Deputy Director NADRA stated at the bar and it has also been mentioned in the comments that said exercise have been effected before the verified Boards of NADRA. It is also important to be noted that the Boards have been recommending bodies and not competent to order cancellation of CNICs.

7.The admission before the Board cannot be equated with the relinquishment of the nationality. For relinquishment of nationality (in certain) cases section 14-A as well as section 16 of Pakistan Citizenship Act, 1951 (herein after referred to as “the Act”) are relevant which are reproduced for ready reference;

“14-A. Renunciation of citizenship.-(1) If any citizen of Pakistan residing outside Pakistan, who is not a minor and-

(a)is also a citizen or national of another country, or

(b)has been given by the competent authority of another country any valid document assuring him of the grant of the citizenship or nationality of that other country upon renouncing his citizenship of Pakistan,

makes in the prescribed manner a declaration renouncing his citizenship of Pakistan, the declaration shall be registered by the prescribed authority; and upon such registration that person shall cease to be a citizen of Pakistan:

Provided that, if any such declaration is made during any war in which Pakistan may be engaged,

registration thereof shall be withheld until the Federal Government otherwise directs.

(2)Where a male person ceases to be a citizen of Pakistan under sub-section (1)_

(a)every such minor child of that person as is residing outside Pakistan shall thereupon cease to be a citizen of Pakistan:

Provided that any such child may, within one year of his completing the age of twenty-one years, make a declaration that he wishes to resume the citizenship of Pakistan and shall upon the making of such declaration become a citizen of Pakistan; and

(b)every such minor child of that person as is residing in Pakistan shall continue to be a citizen of Pakistan.]

16.Deprivation of citizenship.- (1) A citizen of Pakistan shall cease to be a citizen of Pakistan if he is deprived of that citizenship by an order under the next following sub-sections.

(2)Subject to the provisions of this section the Federal Government may by order deprive any such citizen of his citizenship if it is satisfied that he obtained his certificate of domicile or certificate of naturalization 2(under the Naturalization Act, 1926] by means of fraud, false representation or the concealment of any material fact, or if his certificate of naturalization is revoked.

(3)Subject to the provisions of this section the Federal Government may by order deprive any person who is a citizen of Pakistan by naturalization of his citizenship of Pakistan if it is satisfied that the citizen-

(a)has shown himself by any act or speech to be disloyal or disaffected to the Constitution of Pakistan;

(b)has, during a war in which Pakistan is or has been engaged, unlawfully traded or communicated with the enemy or engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist the enemy in that war or

(c)has within five years of being naturalized been sentenced in any country to imprisonment for a term of not less than twelve months.

(4)The Federal Government may on an application being made or on its own motion by order deprive any citizen of Pakistan of his citizenship if it is satisfied that he has been ordinarily resident in a country outside Pakistan for a continuous period of seven years [beginning not earlier than the commencement of this Act] and during that period has neither-

(i)been at any time in the service of any Government in Pakistan or of an International Organization of which Pakistan has, at any time during that period been a member; or

(ii)registered annually in the prescribed manner at a Pakistan Consulate or Mission or in a country where there is no Pakistan Consulate or Mission 2[at the prescribed Consulate or Mission or] at a Pakistan Consulate or Mission in a country to the country of his residence his intention to retain Pakistan citizenship.

(5)The Federal Government shall not make an order depriving a person of citizenship under this section unless it is satisfied that it is in the public interest that the person should not continue to be a citizen of Pakistan.

(6)Before making an order under this section the Federal Government shall give the person against whom it is proposed to make the order notice in writing informing him of the grounds on which it is proposed to make order and calling upon him to show cause why it should not be made.

(7)If it is proposed to make the order on any of the grounds specified in sub-sections (2) and (3) of this section and the person against whom it is proposed to make the order applies in the prescribed manner for an inquiry, the Federal Government shall, and in any other case may, refer the case to a committee of. inquiry consisting of a Chairman, being a person possessing judicial experience, appointed by the Federal Government and of such other members appointed by the Federal Government as it thinks proper.”

Similarly Rule 19-A of Pakistan Citizenship Rules, 1952 ( hereinafter referred to as the Rules) has also got relevance to our present discourse therefore same is also reproduced hereunder;

19-A. Declaration of renunciation of Pakistan Citizenship.

(1)A declaration of renunciation of the citizenship Pakistan made under section 14-A of the Act shall be in Form in quadruplicate and shall state-

(a)under what provision of law the applicant is a citizen of Pakistan; and

(b)the other country of which the applicant is a citizen or national or the competent authority of which has given hím any valid document assuring him of the grant of citizenship or nationality of that country upon his renouncing his citizenship of Pakistan.

(2)The declaration shall be made to the Pakistan Mission or Consulate in the country where the person concerned is residing and shall be forwarded by such Mission or Consulate to the 3[Director-General] of Immigration and Passports for registration.

(3)There shall be kept by the 4[Director-General] of Immigration and Passports, a register in Form 'X-I' containing the names of persons whose declarations of renunciation of citizenship are registered under this rule.

(4)The person concerned will cease to be a citizen of Pakistan from the date of such registration.]”

8.It is apparent that neither a request had been lodged before any authority of the Federal Government by any of the petitioners under section 14A or section 16 of the Act nor has any of the competent authority of the Federal Government passed any order by utilizing the powers vested in such authority by section 14-A or section 16 of the Act. In given facts and circumstances of all these cases no one could claim that any of the petitioners had ever relinquished citizenship of Pakistan under any of the above mentioned provisions before any of the authorities mentioned in the above provisions or by complying with the formalities required in the law and rules reproduced above.

9.Coming to the effect of admission made before the Boards of NADRA, it is important to be noted that the matter had remained inchoate before the Authority, as final order on the basis of such admission has not been issued by competent authority. Similarly, no certificate has been issued under subsection 3 of section17 of the Ordinance. Now petitioners have come before this court with the claim that they have been

Pakistani citizens but had wrongly surrendered their CNICs therefore their cases are require to be verified at some forum.

Their claim that they have been Pakistan citizens may or may not be correct but same requires a determination and clarity in the given situation. Section 19 of the Act provides that where a doubt regarding citizenship of a person exists, whether on a question of law or facts he may make an application to the Federal Government for granting him a certificate that on the date of certificate he has been a citizen of Pakistan. Sub- section 2 thereof says that such a certificate if issued, in a lawful manner then same shall be conclusive evidence of the facts recorded therein. This power of the Federal Government has been provided by the legislature with a clear purpose and object. Doubt regarding citizenship of a person may be created in a number of situations. The admission, as claimed in the comments have created doubts regarding status of nationality of the persons against whom it is claimed and also against family members of the persons who have made such an admission or filed a declaration for surrender of the CNIC. A specific legal provision is also existing providing a remedy for clearing such doubts. The powers under section 19 of the Act has been devolved by the Government of Pakistan to Director General NADRA under section 18 of the Act. This fact has sufficiently been explained by this Court while rendering its judgment in case of Mst. Lal Pari, etc Vs. Federation of Pakistan through Federal Secretary, Islamabad, (Writ Petition

No.4827-P/2025 dated 02.09.2025). For ready reference relevant para of the judgment is also reproduced.;

“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.

Further ahead in said judgment it was also clarified;

“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 20 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.”

10.In such a situation where doubts exist regarding national status of petitioners, a remedy has also been provided by law, the authority to which powers have been devolved, also stands clarified, there remains no difficulty in disposing of all these cases with the observations that all the petitioners shall apply to NADRA authorities for issuance of clearance certificates under section 19 of the Act. The concerned authorities of

NADRA shall verify claim of each petitioner without being prejudiced by the fact that they had earlier made an admission before the Board regarding relinquishment of their CNICs. If they are in fact found to be Pakistan citizens, then a clearance certificate shall be issued in accordance with section 19 of the Act by Director General NADRA but in accordance with law.

The process of such verification shall be concluded with 90 days of making the applications by the concerned applicants.

In other cases, a written order shall be issued for cancellation of the earlier surrendered CNICs.

Announced on;

12th of January, 2026 *Zarshad*

JUDGE

JUDGE

(DB)Hon’ble Mr. Justice Wiqar Ahmad & Hon’ble Mr. Justice Dr. Khurshid Iqbal WP No. 128-P/2025.