Muhammad Khan & others Vs Federation of Pakistan through Federal Secretary, Islamabad

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT,

PESHAWAR

(Judicial Department)

1.W.P No. 3343-P/2025 (Muhammad Khan & Others v. Federation of Pakistan through Federal Secretary, Islamabad & Others)

2.W.P No. 3381-P/2025 (Abdul Raheem & another v. Federation of Pakistan through Principal Secretary Pak Secretariat, Islamabad & Others)

3.W.P No. 4869-P/2025 (Bibi Ayesha v. Federation of Pakistan through Federal Secretary, Islamabad & Others) 4. W.P No. 5437-P/2025 (Ghazib Nawaz v. Federation of Pakistan through Federal Secretary, Islamabad & Others) 5. W.P No. 5956-P/2025 (Suliman v. Federation of Pakistan through Federal Secretary, Islamabad & Others) 6. W.P No. 5837-P/2025 (Rahat Ullah v. Government of Pakistan through Secretary Interior at Islamabad & Others) 7. W.P No. 6745-P/2025 (Hazrat Nabi v. Federation of Pakistan through Federal Secretary, Islamabad & Others) 8. W.P No. 7136-P/2025 (Hikmat Khan v. Federation of Pakistan through Federal Secretary, Islamabad & Others) 9. W.P No. 4463-P/2025 (Saleem Khan v. Federation of Pakistan through Federal Secretary, Islamabad & Others) 10. W.P No. 7080-P/2025 (Mst. Ayesha Bibi v. Federation of Pakistan through Secretary, Ministry of Interior Islamabad & Others)

11.W.P No. 6843-P/2025 (Ahmad Bilal v. Government of Pakistan through Secretary Interior at Islamabad & Others) Date of hearing: 15.12.2025.

For petitioner(s): Mr. Saif Ullah Muhib Kakakhel, Advocate.

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For respondent(s): Barrister Rahat Ali Khan Nahaqi, Advocate (for Federation) & Mr. Shahid Imran Gigyani, AD (Legal) Nadra.

JUDGMENT

Dr. Khurshid Iqbal, J.-

1.The petitioners in all these eleven constitutional petitions seek issuance of an appropriate writ to the Federal Government to recognise, or to allow restoration/recognition (commonly described by the parties as “resumption”), of their Pakistani citizenship. In other words, the petitioners claim to be Pakistani citizens and pray for recognition of their such status. With the exception of the writ petition at serial No. ‘A’ below (to be referred as WP-A), in all the remaining petitions, the petitioners’ Computerised National Identity Cards (CNICs) were digitally impounded or blocked. The respondents’ comments, except in WP-A, assert that, as per their records, the petitioners were found, suspected, or reported to have obtained Afghan passports/nationality, for which reason they are required, according to the respondents, to demonstrate cancellation/renunciation thereof and then approach the authorities concerned for restoration/recognition of their Pakistani status. In case of suspicion about their Pakistani citizenship, the respondents further state that the petitioners shall appear before zonal/regional verification boards for clarification and determination.

2.It is, however, appropriate to state germane facts of each petition and summarise the respondents’ comments, as follows:

A. W.P. No. 3343-P/2025

3.The petitioners along with their family members, are Pakistani nationals by birth holding valid CNICs and Pakistani passports. Around the year 2000, they travelled to Afghanistan for business purposes, where they secured employment opportunities in Kuwait which, owing to local requirements, necessitated travel on Afghan passports. Consequently, the petitioners obtained Afghan passports solely for employment-related exigencies and thereafter lawfully worked in Kuwait, where they were also issued Kuwait Civil Identity Cards. In 2018–2019, with the object of regularising their immigration status, the petitioners renewed their Pakistani passports and approached the Embassy of Pakistan in Kuwait for issuance of a No Objection Certificate (“NOC”) to enable transfer of their Kuwait residence permits (Iqamas) from Afghani to Pakistani passports. The Embassy processed their request and referred the matter to the Ministry of Interior for verification of national status. Upon due Page 2 of 18

verification, including confirmation by the Intelligence Bureau, the Ministry of Interior, through policy endorsement dated 03.01.2021, proposed issuance of the requisite NOC. Despite subsequent applications, reminders by the Embassy, further verification of nationality in April 2022, and confirmation by NADRA that the petitioners’ CNICs had never been digitally impounded, the Federal Government abruptly issued the impugned letter dated 24.07.2024 declaring that the petitioners had ceased to be citizens of Pakistan. The petitioners contend that the impugned action is without lawful authority and based on misapplication of law, particularly when they had already ceased to hold Afghan citizenship, and that the same has unlawfully deprived them of their vested rights, leaving them with no alternate or efficacious remedy except to invoke the constitutional jurisdiction of this Court.

4.In their written comments, Respondents Nos. 02 to 04 acknowledged that the petitioners’ CNICs stood cleared and that no adverse material existed against them. However, respondents Nos. 04 and 06 contended that the petitioners ceased to be Pakistani citizens upon obtaining Afghan passports, in terms of section 14 of the Pakistan Citizenship Act, 1951 (“Citizenship Act”). It was asserted that the petitioners are to be treated as Afghan nationals and may only acquire Pakistani citizenship afresh through naturalisation after residing in Pakistan for the prescribed period.

B. W.P. No. 3381-P/2025

5.The petitioners claim Pakistani nationality by descent, supported by the CNICs of their parents and grandfather, along with domiciles and birth registration certificates. They applied on 11.03.2025, for issuance of CNICs. However, their applications were blocked and placed under the “suspected” category. Their elder brother’s CNIC, previously blocked on similar grounds, had already been restored after inquiry, yet the petitioners’ grievance remained unaddressed.

6.In response, Respondent No. 2 reported that petitioner No. 1’s application was rejected due to facial and AFIS mismatch with an Afghan passport and asserted that he must first renounce/cancel Afghan citizenship and apply to the Federal Government for restoration. As regards petitioner No. 2, his application was placed under verification. But he failed to appear before the Zonal Verification Board on the scheduled date, resulting in non-clearance.

C. W.P. No. 4869-P/2025

7.The petitioner is a Pakistani national by birth, born to Pakistani parents, holding valid CNICs and passports. During her minority, she was adopted by her paternal aunt married to an Afghan national and resided Page 3 of 18

with them in Afghanistan for some time, where an Afghan passport was issued in her name. Upon her return to Pakistan and resumption of residence with her biological parents, respondent No. 02 initiated proceedings for cancellation of her CNIC on the ground of possession of an Afghan passport. The petitioner submitted an affidavit explaining the circumstances and expressed willingness to surrender the Afghan passport. However, cancellation could not be effected as the Afghan Consulate required a written direction from respondent No. 02, which was not issued. Seeing no alternate or efficacious remedy, she approached this Court for redress.

8.In their reply, the respondents contended that the petitioner admittedly held an Afghan passport and had applied for a Pakistani visa through the Pakistan Online Visa System and travelled to Pakistan on her Afghan passport. Relying upon section 14 of the Citizenship Act, it was asserted that by holding dual nationality, she had ceased to be a citizen of Pakistan. It was further stated that she was served with show-cause notices under section 18 of the NADRA Ordinance, 2000 (“NADRA Ordinance”), and that the Zonal Verification Board, upon recording her affidavit, admitting possession of an Afghan passport, recommended digital impoundment of her CNIC. Consequently, her CNIC was impounded, and she was directed to renounce Afghan nationality and thereafter approach the Federal Government for restoration/recognition of Pakistani citizenship in accordance with law.

D. W.P. No. 5437-P/2025

9.The petitioner’s mother, Mst. Asal Mina, is a Pakistani national by birth who contracted marriage with an Afghan citizen, Wakil. The petitioner was issued Afghan Passport No. PO3500833 through the Afghan Consulate to enable him to accompany and join his father for business purposes in Afghanistan. Claiming Pakistani citizenship by descent through his mother, the petitioner approached the respondents for cancellation or surrender of the Afghan passport and for issuance of a CNIC. However, his request was declined, compelling him to invoke the constitutional jurisdiction of this Court.

10.The respondents replied that the petitioner and his father are Afghan nationals and passport holders, and that mere descent from a Pakistani mother does not automatically entitle the petitioner to Pakistani citizenship in the presence of a subsisting foreign nationality. Relying upon section 14 of the Citizenship Act, they contended that a person holding dual nationality ceases to be a citizen of Pakistan unless the foreign nationality is formally renounced. The petitioner was therefore required to renounce his Afghan citizenship and thereafter approach the Federal Government Page 4 of 18

for restoration or grant of Pakistani citizenship in accordance with the procedure prescribed under the law and rules framed thereunder. E. W.P. No. 5956-P/2025

11.The petitioner claims that his family members hold valid CNICs/MNICs. He produced his father for biometric verification and was issued Token No. 3018. Later, he was informed that his CNIC application had been blocked on account of his Afghan Passport No. PO1487946. He made several representations, but failed, leading to filing of this petition.

12.The respondents contend that though a Tracking ID No. 509971103463 was issued, the petitioner was found to have concealed having an Afghan Passport No. PO1487946, which stood linked with a previous application bearing Tracking ID No. 101001476742. They further contended that the petitioner declared his marital status without furnishing particulars regarding the citizenship of his spouse. Owing to his Afghan passport, his Pakistani citizenship was reported to have ceased under section 14(1) of the Citizenship Act. He was asked to renounce his Afghan citizenship, and apply to the Federal Government for restoration or grant of Pakistani citizenship in accordance with law.

F. W.P. No. 5837-P/2025

13.Claiming that he and all his family members are Pakistani citizens by birth with valid CNICs and domiciles, the petitioner came to know that his CNIC was blocked. Having failed to get his CNIC restored by the authorities concerned, he filed this petition.

14.The respondents rebutted petitioner’s contention, stating that he obtained a Pakistani visa on an Afghan Passport No. 02289000. He was issued a show-cause notice under section 18 of the NADRA Ordinance, but failed to appear before the Zonal Verification Board. Consequently, his CNIC was digitally impounded under the “confirmed alien” category. He was directed to appear before the Zonal Verification Board along with evidence of renunciation and proof of cancellation of the Afghan passport.

G. W.P. No. 6745-P/2025

15.The petitioner asserts that while his family members are Pakistani nationals with valid CNICs, he voluntarily surrendered his CNIC and obtained ACC/POR cards for financial assistance only. He and his family have been adversely affected regarding their nationality status. His request for restoration of his status having been declined, he instituted this petition.

16.The respondents replied that the petitioner has been advised to approach the Federal Government/Registrar General of Pakistan (Chairman NADRA) under section 19 of the Citizenship Act, read with Rule 24 of the Page 5 of 18

Pakistan Citizenship Rules, 1952 (“Citizenship Rules”), for restoration or clarification of his citizenship status.

H. W.P. No. 7136-P/2025

17.The petitioner’s CNIC has been blocked after issuance of a Tracking ID because it was revealed that he has obtained an Afghan passport. His efforts to restore his CNIC failed, which led him to file this petition.

18.The respondents did not file comments. However, the question raised in this petition is common to all these petitions.

I. W.P. No. 4463-P/2025

19.The petitioner and his parents are Pakistani nationals by birth, with his father holding a valid CNIC. Upon attaining majority, he applied for issuance of his CNIC and was issued Token No. 3086 after completing all formalities. It was unearthed that he was treated as an Afghan national. His request for issuance of CNIC was declined.

20.The respondents replied that though a Tracking ID No. 512645044700 was issued to process issuance of a CNIC, his application was rejected on facial and AFIS verification against Form No. FHD-0262641. Pursuant to that information, he was repatriated to Afghanistan. They contend that the petitioner must appear before the Zonal Verification Board in person with supporting documents in accordance with the Federal Government Notification dated 19.04.2017; otherwise, he must seek resumption of citizenship under the Citizenship Act, and the rules framed thereunder.

J. W.P. No. 7080-P/2025

21.The petitioner asserts that she and her husband and their parents are all permanent Pakistani citizens belonging to District Khyber. She has been visiting Afghanistan because her husband is working in a hospital there and her sister has married an Afghan citizen. In 2024, while on the way back to Pakistan, at the border in Torkham, she was detained, and her passport impounded by the FIA. She approached the respondents, but failed to get any relief.

22.In their comments, the respondents replied that the petitioner’s CNIC has been blocked because she was found to have travelled to Pakistan on an Afghan Passport No. P00467260. The respondents state that the petitioner is required to appear before the Regional Verification Board of the NADRA along with supporting documents.

K. W.P. No. 6843-P/2025

23.Ahmad Bilal is aggrieved of the blocking of his CNIC. He asserts his Pakistani citizenship and domicile of District Peshawar.

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24.The respondents replied that petitioner’s CNIC has been digitally impounded in what is known as ‘confirmed alien category’. They state that the petitioner needs to appear before the Zonal Verification Board of the

NADRA.

ARGUMENTS.

25.Learned counsels appearing for the petitioners argued that the petitioners are permanent Pakistani citizens, having their CNICs and in some cases, domicile certificates as well. The learned Additional Attorney General, representing the Federation submitted that the NADRA records show that the petitioners have obtained Afghan passports. By doing so, he maintained, the petitioners have ceased to be Pakistan citizens under section 14(1) of the Citizenship Act. He further maintained that the petitioners’ lawful remedies are to renounce Afghan nationality and apply for restoration or grant of Pakistani citizenship through naturalisation under section 9 of the Citizenship Act read with section 3 of the Naturalisation Act, 1926 (“Naturalisation Act”), or, in cases of doubt, to approach the Federal Government under section 19 of the Citizenship Act. The learned Law Officer of the NADRA submitted that the petitioners, except for petitioners in WP-A, are required to appear before verification boards. We have perused the record made available to us.

OPINION: REASONING.

26.At the very outset, we would like to observe that except WP-A, the Federation and NADRA have not taken a uniform stance across all petitions. In several petitions, the respondents’ own approach is that the petitioners are to be directed to appear before the competent verification boards with supporting material, and, where Afghan nationality is attributed on the respondents’ record, to demonstrate cancellation/renunciation thereof and then seek restoration/recognition. In WP-A, however, the Federation has issued an adverse declaration by letter dated 24.07.2024, declaring cessation of citizenship, despite pleaded prior verifications and clearance. Therefore, WP-A stands on a different footing and requires an answer to the legality of an adverse declaration by the Federal Government.

27.Before proceeding further, it is clarified that the parties have used the expression “resumption” broadly to mean restoration/recognition of Pakistani citizenship status and consequential identity documentation. This judgment uses “resumption” in that administrative sense, unless the facts of a particular case attract “resumption” strictly within the meaning of section 14A(2) proviso, or section 14A(3) and (4).

28.It is also appropriate to notice that the NADRA Ordinance provides an appeal against an order under section 18. Ordinarily, where an Page 7 of 18

efficacious statutory remedy exists, constitutional jurisdiction is exercised with restraint. However, these petitions, as placed before us, raise recurring questions of serious civil consequences, including continued blocking/impoundment, alleged repatriation, and impoundment of travel documents; there is also inconsistency in the stances taken by public authorities across petitions. Therefore, without undertaking a final adjudication of disputed questions of nationality in writ jurisdiction, we consider it appropriate to lay down the governing legal framework, to require compliance with statutory safeguards, and to issue time-bound directions so that the competent forums conclude the process by speaking decisions in accordance with law.

29.The principal question, therefore, is: where a person asserts Pakistani citizenship by birth or descent but is alleged (or admits) to have held an Afghan passport, what is the correct legal position under the Citizenship Act, and what directions are warranted to align administrative action with the statute, with due regard to constitutional guarantees of lawful treatment and due process. Since both sides have repeatedly relied on particular statutory provisions, we reproduce them for ready reference.

30.Section 14 of the Citizenship Act (Dual citizenship or nationality not permitted) provides as follows:

Dual citizenship or nationality not permitted. (1) Subject to the provisions of this section if any person is a citizen of Pakistan under the provisions of this Act, and is at the same time a citizen or national of any other country, he shall, unless he makes a declaration according to the laws of that other country renouncing his status as citizen or national thereof, cease to be a citizen of Pakistan.

(1A) Nothing in sub-section (1) applies to a person who has not attained twenty-one years of his age.

(2)Nothing in [sub-section (1)] shall apply to any person who is a subject of an acceding State so far as concerns his being a subject of that State.

(3)Nothing in sub-section (1) shall apply, or shall be deemed ever to have applied at any stage, to a person who, being or having at any time been, a citizen of Pakistan, is also the citizen of the United Kingdom and Colonies or of such other country as the Federal Government may, by notification in the official Gazette, specify in this behalf.

(4)Nothing in sub-section (1) shall apply to a female citizen of Pakistan who is married to a person who is not a citizen of Pakistan.

31.Section 14A of the Citizenship Act (Renunciation of citizenship) provides as follows:

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 Page 8 of 18

(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.

(3)Subject to notification by the Federal Government in the official Gazette under sub-section (3) of section 14, any person who has renounced citizenship of Pakistan under sub-section (1), may resume citizenship of Pakistan by making a declaration in the prescribed manner and upon making of such declaration he may thereupon become a citizen of Pakistan.

(4)Where declaration under sub-section (3) is made by a person, every minor child of such person whose citizenship has ceased under sub- section (2) may thereupon become a citizen of Pakistan.”

32.Section 9 of the Citizenship Act, pressed by the learned AAG as the principal remedy, reads as under:

Citizenship by naturalization. The Central Government may, upon an application made to it in that behalf by any person who has been granted a certificate of naturalisation under the Naturalisation Act, 1926, register that person as a citizen of Pakistan by naturalisation: Provided that the Central Government may register any person as a citizen of Pakistan without his having obtained a certificate of naturalisation as aforesaid.”

33.For clarity, references in the above statutes to “Central Government” are to be read, in the present constitutional framework, as references to the Federal Government.

34.Section 3 of the Naturalisation Act, 1926 (Grant of certificate of naturalisation) is reproduced below, since it is made part of the Federation’s argument:

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Grant of certificate of naturalization. (1) The Central Government may grant a certificate of naturalization to any person who makes an application in this behalf and satisfies the Central Government-

(a)that he is not a minor;

(b)that he is neither a citizen of Pakistan nor a subject of any state of which a citizen of Pakistan is prevented by or under any law from becoming a subject by naturalizations;

(c)that he has resided in Pakistan throughout the period of twelve months immediately preceding the date of the application, and has, during the seven years immediately preceding the said period of twelve months, resided in Pakistan for a period amounting in the aggregate to not less than four years;

(d)that he is of good character;

(e)that he has an adequate knowledge of a language which has been declared by the Central Government, by notification in the official Gazette, to be one of the principal vernaculars of Pakistan; and (f) that he intends, if the application is granted, to reside in Pakistan or to enter or continue in the service of the State in Pakistan: Provided that nothing in clause (c) or clause (f) shall apply in the case of woman who was a citizen of Pakistan previously to her marriage to a person not a citizen of Pakistan and whose husband has died or whose marriage has been dissolved.

(2)Nothing in this section shall be deemed to prevent the grant of a certificate of naturalization to any person to whom a certificate of naturalization has been issued under the Indian Naturalization Act, 1852.”

35.Section 19 of the Citizenship Act (Cases of doubt as to citizenship) provides as under:

Cases of doubt as to citizenship. (1) Where a person with respect to whose citizenship a doubt exists, whether on a question of law or fact, makes application in that behalf to the Central Government, the Central Government may grant him a certificate that at the date of the certificate he is a citizen of Pakistan.

(2)The certificate, unless it is proved to have been obtained by fraud, false representation or concealment of any material fact, shall be conclusive evidence of the fact recorded in it.

36.Since the blocking/impoundment of CNICs is a recurring feature, and the respondents rely on the NADRA Ordinance to justify such action, we reproduce section 18 of the NADRA Ordinance (Power to cancel, impound or confiscate cards):

Power to cancel, impound or confiscate cards. (1) A card issued under this Ordinance shall be the property of the Federal Government and may, by an order in writing under the seal of the Authority or an officer authorised by it in this behalf, be required to be returned and shall also be liable to be cancelled, impounded or confiscated by a like order:

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Provided that no order shall be made unless such person has been given notice in writing calling upon him to show cause why the order should not be made.

(2)An order under sub-section (1) cancelling, impounding or confiscating a card may be made only if there is reason to believe that-

(a)the card has been obtained by a person who is not eligible to hold such card, by posing himself as eligible;

(b)more than one cards have been obtained by the same person on the same eligibility criteria;

(c)the particulars shown on the card have been obliterated or tampered with; or

(d)the card is forged.

(3)Any person in respect of whose card an order under sub-section (1) has been made may, within thirty days of the order, appeal to the Federal Government against the order and the decision of the Federal Government in appeal shall be final:

Provided that no order on such appeal shall be passed unless the appellant has been given an opportunity of being heard.

37.Since reliance has also been placed on the Citizenship Rules, and since the petitioners before us claim citizenship by birth and by descent, and the jurisprudence cited by the parties (reproduced below) refers to Rules 8 and 9, we reproduce the same for ready reference:

9.Citizenship by birth. (1) Any person claiming citizenship under section 4 of the Act shall apply in Form ‘B’ in duplicate to a Magistrate of the first class of the District where he was born.

(2)Each form shall be accompanied by:-

(a)a certificate of birth issued by a village officer or an officer in charge of a Police Station or a Municipal or Town Committee or Corporation, or a Registrar of Births and Deaths appointed under the Births, Deaths and Marriages Registration Act, 1886 (VI of

(b)If the applicant is below the age of 21 years, a statement by his parent or guardian recorded on oath.

(3)If the Magistrate, after making such inquiry as may be necessary, is satisfied that the facts stated in the application are correct, he shall recommend to the Provincial Government that a certificate in Form R-I be granted.

(4)The Provincial Government shall pass such orders on the recommendation as it deems fit.

10.Citizenship by descent. (1) Any person claiming citizenship by descent under section 5 of the Act shall apply in Form ‘B’ to the Provincial Government of the areas in which he has his domicile of origin as defined in Part II of the Succession Act, 1925 (XXXIX of 1925).

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(2)Such application shall be in triplicate and such form shall be accompanied by:-

(a)a certificate of citizenship of Pakistan granted to his father, and (b) evidence establishing his relationship with his father: Provided that where the certificate of citizenship indicates that the father is a citizen of Pakistan by descent only, then one of the following additional documents shall also be produced:-

(i)Either a certificate of registration of birth at a Pakistan Mission or Consulate in the country where the applicant was born, or where there is no Pakistan Mission or Consulate in that country at the prescribed Mission or Consulate or, at a Pakistan Mission or Consulate in the country nearest to that country.

(ii)Or a certificate or documentary proof that the applicant's father was in the service of a Government in Pakistan at the time of the applicant's birth in that other country.

(3)The Provincial Government after making such enquiries as it deems fit may pass orders in regard to such applications, except where additional documents are required under the proviso to sub-rule (2) in which case it shall forward the papers to Federal Government.

(4)The Federal Government shall pass such orders on the application as it deems fit.

38.From the above scheme, certain propositions emerge for present purposes.

39.First, section 14(1) proceeds upon a factual state, namely, that a person who is a citizen of Pakistan is, at the same time, a citizen or national of another country. The statutory consequence is cessation, unless the person makes a declaration, according to the law of that other country, renouncing his foreign status. Therefore, the pivotal inquiry under section 14 is factual and legal: whether the person is, in law, “at the same time” a citizen or national of the other country. The existence of a passport, travel on such passport, or a biometric linkage may be relevant material, but it does not dispense with the need to examine the petitioner’s explanation and documents, and to reach a reasoned conclusion on nationality status.

40.Second, the legislature itself has built safeguards and exceptions into section 14. Sub-section (1A) excludes persons under twenty-one years of age from the operation of sub-section (1). Therefore, where foreign nationality or passport is attributed to a petitioner during minority, the competent forum must treat age at the relevant time as a decisive statutory fact and must expressly address the impact of section 14(1A). Sub-section (4) provides that section 14(1) shall not apply to a female citizen of Pakistan who is married to a person who is not a citizen of Pakistan. Therefore, where a female petitioner (or a female citizen whose Page 12 of 18

status is directly in issue in the proceeding) invokes this provision on facts, the competent forum must address it on evidence and cannot disregard it by assumption.

41.Third, section 14A operates in a separate field. It deals with renunciation of Pakistani citizenship by a citizen residing outside Pakistan, who is not a minor, through a prescribed declaration which is registered by the prescribed authority, whereupon cessation follows upon registration. The petitions before us, as framed and responded to, are not based on an assertion by the respondents that the petitioners renounced Pakistani citizenship under section 14A(1) by a prescribed and registered declaration. Accordingly, section 14A is not the main engine invoked by the respondents to justify cessation in these matters. The controlling question in these petitions remains the application of section 14 (and its exceptions), and the lawful conclusion of verification/determination processes.

42.Fourth, the notion of “resumption” is not a loose administrative concept. It appears in the statute in defined situations, including the proviso to section 14A(2) and section 14A(3) and (4). Therefore, where petitioners assert citizenship by birth or descent and are met with an allegation of cessation under section 14, the immediate legal problem is recognition/restoration of status after the person establishes, in accordance with law, that he is not “at the same time” a national of the other country because he has renounced that foreign status according to that country’s law, or because an exception in section 14 applies. In these petitions, therefore, “resumption” is to be understood, in substance, as restoration/recognition after the statutory requirements are satisfied and the competent forum makes a reasoned determination.

43.Fifth, section 9 and the Naturalisation Act route is a mode of acquiring citizenship by naturalisation. Its structure presupposes that the person is not already a citizen of Pakistan and meets the statutory preconditions. It cannot be deployed as a substitute for determining whether a petitioner is a citizen by birth or descent and whether cessation has, in fact, been attracted under section 14, particularly where the petitioners place reliance on official documents and foundational records.

44.Sixth, where CNICs are impounded/blocked in exercise of statutory power, the power must be traced to law and exercised through a lawful process. Section 18 of the NADRA Ordinance requires notice and opportunity to show cause, confines the grounds of action, and provides an appeal with a right of hearing. These safeguards embody minimum procedural fairness in matters with grave civil consequences. Blocking/impoundment cannot be permitted to remain indefinite without a concluded decision.

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45.We have also come across an expert report of Professor Niaz A. Shah (University of Hull) submitted in an English case titled Hashim Tariq v. The Secretary of State for the Home Department [2021] EWCA Civ 378, [2021] Imm AR 1035. The report is publically available; its relevant paragraph No. 4.20, reads as under:

There, however, is no prohibition on the resumption of citizenship for those who are citizens by birth or decent [sic]. Cessation under section 14 and renunciation under section 14A are voluntary acts on the part of Pakistani citizens. They are not deprived from their citizenship through a punitive and coercive measure of the government of Pakistan. It is very likely that they will be able to resume their citizenship if they follow the correct procedure. Rule 8 of the 1952 Rules states that ‘any person claiming citizenship under section 4 of the Act shall apply in Form ‘B’ in duplicate to the Authorised Officer [sic] ...’. Rule 8 further identifies procedural steps and necessary documents such as birth certificate or a statement by their parent/s or guardian to be supplied with Form B. The same is the case, under Rule 9, for those claiming citizenship by decent [sic]. If those who have renounced their Pakistani citizenship or their citizenship has ceased will have to show that they have renounced their status as national or citizen of another country as is required by section 14. This is in addition to the documentation specified in rules 8 and 9. Those who are not in Pakistan at the time of their application for resuming citizenship, they may apply to the Pakistani Mission / Consulate.

46.We agree with the general thrust of the above passage to the extent that the statutory scheme is documentary and procedural rather than punitive. However, we clarify that the governing procedural forums and steps are those provided by the Citizenship Act and the Citizenship Rules as reproduced above. To the extent the expert report uses the expression “Authorised Officer” [sic], the precise authority/forum for a citizenship-by-birth claim is as stated in Rule 8, and for a citizenship-by- descent claim as stated in Rule 9, subject to lawful administrative arrangements for verification and processing.

47.We now apply the above legal position to the petitions before us.

48.Except WP-A, the respondents’ own stance, as is evident from the summaries above, is that the petitioners are to appear before the zonal/regional verification boards with supporting documents, and, where Afghan nationality is attributed on respondents’ record, to demonstrate cancellation/renunciation and then seek restoration/recognition. This route, in principle, can align with section 14, provided that the competent forum first determines, on evidence, whether the petitioner is in law “at the same time” a citizen or national of Afghanistan, and only then requires renunciation according to Afghan law as a statutory condition. Conversely, where the petitioner denies foreign nationality and disputes the Page 14 of 18

attribution, the competent forum must decide the dispute on evidence and record reasons.

49.In this regard, the expression “Zonal/Regional Verification Board” is used in this judgment to refer to the forum which NADRA, on its own record, has designated for verification/determination of CNIC status and which is constituted and functions under lawful delegation/notification and notified procedure. The directions below are to be understood as directions to the competent forum so designated by law and notified administrative arrangement, as indicated in the respondents’ own comments in each petition.

50.Two serious legal concerns arise across the petitions (other than WP-A). First, the respondents’ stance is repeatedly expressed in broad terms, without clarity, petition by petition, whether the action taken is refusal of issuance at application stage, blocking, digital impoundment, or confirmation of alien status, each of which has different legal implications. Second, where section 18 of the NADRA Ordinance is invoked, its mandatory steps and limitations must be complied with, and a concluded speaking order must be made and served.

51.We also consider it appropriate to point out, for guidance, the petition-wise statutory features which must not be ignored by the competent forum:

i. In W.P. No. 4869-P/2025, the petitioner pleads that the Afghan passport was issued during her minority. This directly attracts section 14(1A), and the competent forum must expressly determine the petitioner’s age at the relevant time and the statutory consequence of section 14(1A), along with the petitioner’s explanation and supporting documents. ii. In W.P. No. 3381-P/2025 and W.P. No. 4463-P/2025, the respondents rely upon facial and AFIS mismatch and linkage with Afghan record. In such cases, fairness requires that the petitioner is told the essential basis of adverse attribution in a meaningful manner, and the decision records reasons why the authority accepts or rejects the petitioner’s explanation and documents.

iii. In W.P. No. 5437-P/2025, the petitioner claims citizenship by descent through his mother. The competent forum must decide the claim on the statutory scheme and evidence. The fact that the mother is married to a foreigner may engage section 14(4) in relation to the mother’s citizenship, but it does not by itself determine the petitioner’s claim. Therefore, the competent forum must avoid treating section 14(4) as either automatically decisive for, or automatically irrelevant to, the child’s claim, and must decide on the applicable statutory route and evidence. iv. In W.P. No. 5837-P/2025 and W.P. No. 6843-P/2025, the respondents describe the petitioners as “confirmed alien”. This description carries grave civil consequences and cannot be sustained without a reasoned Page 15 of 18

statutory order, compliance with section 18 where applicable, and service of the decision with intimation of appeal rights.

52.WP-A stands apart. There is an adverse declaration by the Federal Government by letter dated 24.07.2024. The petitioners’ pleaded case includes the Embassy’s processing, the Ministry of Interior’s policy endorsement dated 03.01.2021, after due verification including confirmation by the Intelligence Bureau, further verification in April 2022, and NADRA’s confirmation that the CNICs had never been digitally impounded. An adverse declaration of cessation which visits the petitioners with serious civil consequences must be made through a fair process, with an opportunity to be heard, and by a reasoned order that addresses the petitioners’ pleaded documentary chain and explanation. On the record as presented before us, the impugned letter is not shown to meet these requirements.

53.The learned AAG’s contention, that the petitioners’ only remedy is naturalisation under section 9 read with the Naturalisation Act, is not convincing in the circumstances. The petitions are founded on asserted citizenship by birth and by descent, and the respondents’ own stance (save WP-A) does not treat naturalisation as the exclusive route; rather, the respondents themselves insist on cancellation/renunciation of Afghan nationality coupled with verification. Section 9 cannot be deployed to bypass the statutory inquiry under the Citizenship Act and the Citizenship Rules into citizenship by birth/descent, nor can it be employed as a default consequence for every allegation of an Afghan passport, regardless of the petitioners’ asserted origin, family CNICs, and documentary material.

RELIEF.

54.For the reasons recorded above, in W.P. No. 3343-P/2025 (WP-A), we set aside the impugned letter dated 24.07.2024 declaring cessation of citizenship and direct that it shall not be acted upon. We direct the Federal Government to reconsider the matter afresh in accordance with law, after giving the petitioners an opportunity of hearing, and after considering all relevant material including (without limitation) the petitioners’ Pakistani passports, the Embassy and Ministry verification record pleaded in the petition (including the policy endorsement dated 03.01.2021 and subsequent verification in April 2022), and any proof regarding the status and renunciation/cancellation of Afghan nationality. A reasoned order shall be passed and communicated to the petitioners within sixty (60) days from receipt of this judgment. Until such decision, the petitioners’ existing Pakistani passports and CNICs, if not otherwise impounded under a lawful order, shall not be blocked/impounded merely on the basis of the impugned letter dated 24.07.2024.

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55.In all the remaining petitions (serials B to K above), the petitioners shall, within thirty (30) days, appear before the relevant Zonal/Regional Verification Board/competent notified forum (as the case may be) along with all supporting documents, including evidence of cancellation/renunciation of Afghan nationality where the competent forum, upon evidence, finds that the petitioner is in law “at the same time” a citizen or national of Afghanistan and that such renunciation is required by section 14; and also the documents relied upon to establish citizenship by birth or descent. Where a petitioner is unable to appear within the time due to circumstances beyond control, the competent forum may allow one reasonable extension and/or permit appearance through a lawful alternative modality, including through a duly authorised representative or, where permissible, through a Pakistan Mission/Consulate.

56.The concerned Board/Authority shall decide each matter by a speaking order within forty-five (45) days of the petitioner’s appearance (or the accepted alternative modality). Such speaking order shall, at minimum:

i. identify the nature of action (refusal of issuance, blocking, impoundment, cancellation, or confirmation category) and the legal basis for it;

ii. where section 18 of the NADRA Ordinance is invoked, identify the specific clause(s) of section 18(2) relied upon and show reason to believe on the statutory grounds;

iii. address the petitioner’s explanation and documents in substance; iv. where section 14 is relied upon, determine on evidence whether the petitioner is “at the same time” a citizen or national of another country, and where minority is pleaded, expressly address section 14(1A), and where applicable on facts, expressly address section v. communicate the decision to the petitioner, and where it is an order under section 18(1), inform the petitioner of the statutory right of appeal under section 18(3) and the time limit provided therein.

57.In W.P. No. 4463-P/2025, since the record states that the petitioner was repatriated to Afghanistan pursuant to the adverse determination, the competent forum shall treat the matter as urgent. If the petitioner is presently outside Pakistan, the competent forum shall, upon request made through counsel/authorised representative, fix a date and determine a lawful modality for verification and hearing. The matter shall be decided by a speaking order within forty-five (45) days of such modality being accepted, and consequential steps shall follow in accordance with law.

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58.In W.P. No. 7080-P/2025, the respondents shall ensure that any impoundment/retention of the petitioner’s passport is supported by lawful authority and a documented order. If no lawful basis exists for continued retention, the passport shall be returned forthwith against proper receipt, without prejudice to the verification process directed above.

59.It is clarified that where a doubt exists as to a petitioner’s citizenship on a question of law or fact, nothing in this judgment shall preclude the petitioner from availing the statutory remedy under section 19 of the Citizenship Act for a certificate of citizenship, and the competent authority shall consider such application in accordance with law.

60.It is further clarified that if the competent forum fails to conclude the process within the timelines stated above, the matter shall be placed before the next higher competent authority/head office (if so required by law) for immediate directions and conclusion, and the petitioner shall not be kept in indefinite limbo without a concluded decision.

61.These petitions are disposed of in the above terms. No order as to costs.

Announced.

*Shahid Ali *JSS*/

Sd x x x x x

JUDGE

Sd x x x x x

JUDGE

D.B: Justice Wiqar Ahmad & Justice Dr. Khurshid Iqbal

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