Qasim Khan & another Vs Federation of Pakistan etc

Judgment Sheet

G IN THE PESHAWAR HIGH COURT PESHAWAR

JT'DICIAL DEPARTMENT

Writ Petition No.4 2 I 3 -P/2 0 2 3

JUDGMENT

Datc of hearing 31.5.2024

Petitioners.

(Qasim Khan & another). By: M/s Saifrrllah Muhib Kakakhel and Noman Mubib Kakakhel' advocates.

&es@ls (Federation of Pakistan etc.) By: M/s Sanaullah, Danyal Khan and Abdul Rauf, Deputy Attorney Generals for Federation.

lWs Shahtd Imran Gigyani and Muhammad Mubarak, A.Ds.' NADRA.

'tr* ** ** * * ** * * lrl{. t

wroaR A J. this single judgtnent recorded

in W.P.No.4283-P/2023 titled Qasim Khan and another Vs Federation of Pakistan and others, we are gorng to dispose of various writ petitions wherein somewhat identical questions of law andfacts are involved. Briefandrelevantfacts ofeach case are also given herein below;

P.No. -PD023

As per facts narrated in the instant writ petition, petitioner No,l is father of Petitioner No.2. Petitioner No.l has been having Pakistani nationality throughout and he has also been M M.Ishaq thoh, (wPN2$-PnoB) (DB) Hon'ble Mr.Jus cr Sled,4*had Alt Ilon'ble Mr.Jusde Wtqat Ahmd

a

issued valid CNIC, copy of which is annexed with the writ petition.

Copy of CNIC of his father, namely Rustam Gul has also been annexed with the writ petition. His grievance was that his son was found to be entered in the DATA of Afghan Citizenship Card holders. Petitioner No,2 has been claiming to be Pakistan citizen by descent and entitled to be holding Pakistani Nationality mder section 5 of the Citizenship AcL With this grievance, petitioner No.2 has prayed for cancellation of his Afghan Citizenship Card and issuance of Computerized Natiorwl ldentity Card (CNIC) in his name. Respondents have stated in the comments that the Federal Government had decided to register all Afglwn nationals residing in Pakistan in the year 2017 andfor said purpose, they had launched a project in collaboration with Afghan Commissionerate and Government of Afghanistan for registation of un'registered Afghan nationals residing in Pakistan. It is further contended tlat that during said process of registration, petitioner No,2 had got himse{ registered as Afghan citizen and he had accordingly been issued Afghan Citizenship Card (ACC). It was also contended in the comments that petitioner No.2 would be required to obtain naturalization certiJicate rnder the Natttralization Act, 1926 and (wP*.2E3-P/243) (DD) Hon'btc Mt Justcc 5y.., Atshsd AU ,l.Ishaq Shah, Hon'blc \ltr,Juslcc tnqt Ah,nqd

Pakistan Natwalization Rules, 196l where afier his Afghan Citizenship Card could be cancelled.

W.P.No,62 61-Pt2023

Petitioner No.l, namely, Iulst.Bushra Bibi claims to be a Pakistani citizen by descent. She had married Abdur Rehman, an Afghan citizen (petitioner No.2), on 06.07.1996, The couple was blessed with t I children who hove also been arrayed as petitioners No.3 to 12 in instant writ petition. Grievances of petitioners in instant case are tlwt when they had approached NADRA authorities for birth registration of petitiotters No.3 to 12 (by issuing "Form Bai"), same lwd been refiised to them for the reason hat father of said petitioners had been an Afghan citizen. It was also averred in the writ petition that thereafier, petitioners No.3 to 12 had opted to get Afgtan citizenship cards for the purpose of their identity and so as to get themselves enrolled in yarious educational institutions. It is case of petitioners that the children born out of the wedlock have been entitled to be treated as Pakistani nationals being ffipring of a Pakistani tady and therefore denying them registration by issuing ,Form Bai' or cNIC, hsve been illegal, ulffa vires and resultantly null and void. Besides, petitioners have also prayedfor cancellalion (tvP*4283-P/202t) (DB) Hon'ble Mr.tudcc SYd Arshd All Lt.Isha4 Shah HoB'blc Lh,lusle lnqor Ahtnad

of their Afghan Citizenship Cards (ACC).

In the cornments of respondents No.3 & 4 Q'IADRA Oficers), they hove stated that petitioners No.2 to 12 had been Afghan Citizenship Card holders. Th"y hsve also stated that grant of citizenship was the domain of Federal Government and therefore petitioners should approach Ministry of Interior, Government o/ Pakistan for the grant of Pakistani citizenship. Secretary, Ministry of Interior, Government of Pakistan has also filed its report stating that the matter of cancellation of Afghan Citizenship Cards falls within the domain of NADRA and tlwt CNIC are issued by NADRA on acquiring naturalization certifrcate of Pakistani cilizenshtp under Section 3 of Naturalization Act 1926. It is also stated that the children born to Pakistani national mother and foreign national section 5 of father after 18.04.2000, were Pakistani citizens under Pakistan Citizenship Act 1951

W.P.No.1773 -P/2023

In this petition, Petitioners are claiming to be Pakistani nationals on the strength of old MNICs of their subsequently, due to forefarhers. It is aveted in the petition that illiteracy, they had been issued Afghan Citizen Cards' They are

(DB)tton'btc Mt lusrtcc $.tt AtsLd AA M,Ishar Shah, (WPll42Et'Pn0B) Hon'Ne Mr.luflle Wtqo. Ahmod

seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards

W,P.No.1916 -P/202i

In this petition, petitioner No.I is a Pakistani natioral who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No'i to 8 have born. They are seeking directions from this court to NADRA authorities for issuance of cNICs to petitioner No.2 to 8 as well as cancellation of their Afghan Citizen Cards

W.P,No.49X-Pn 023

In this petition, both petitioners (Sister and brother inter se) are claiming to be children of one Forooq Ahmad who was statedly a bonafide Pakistani nationaL It is averred in the petitton that respondents have refused issuance of GNIC to petitioner No.l due to her marriage with an Afghan National. They are seeking directions from this court to NADRA authorities for issuance of CNIC to petitioner No.l and her children

No,50 s1-P/2 023

In this petition, petitioners have averred tlwt their (wPd42$-Pn08) (DB) Hon'ble Mt,lultce Syed Atshsd An Ll,lihoq Shah llon'bte ltnlusle Mqar Ahmd

CNICs hove been blockBd by respondents on suspicion despite the fact that they have been Pakistani Nationals since their forefathers They are seeking directions from this Court to NADRA authorities for unblocking/renewal/issuance of CNICs in their favour as well as cancellation of ACCs/POR cards . As per comments of respondents, CNICs of petitioners No.l & 2 have been clearedwhile CNICs of petitioners No.3 to I l have been digitally impounded because petitioner No.9 las registered herself as Afghan Refugee and had also been issued POR card.

W.P.No.5087-PDO23

In this petition, petitioner No.l is a Pakistani nalional who had married an Afglnn natiorwl and out of their wedlock 7 children have born (petitioners No. i to vii) whereas petitioners No.2 to 6 are brothers and sisters of petitioner No.l. Petitioner No.I along with her children (petitioners No.i to vii) are seeking directions from this Cowt to NADRA authorities for issuance of CNIC to petitioner No.1 and her children.

llt P.No.53 81-P2 023

In this petition, petitioners No.l to 5 (brothers inter se) haye averred that they ha,e been Pakistani national on the strength M.rshaq Shqh, (yP#,2$-Pn0B) (DB) Hon' c Mt Jutlct SYcd Atshd All Hon'ble Mr.Jalie Wqu Ahad

of old MNICs of their forefathers. It is further stated in the petition that subsequently, due to illiteracy, they had been issued Afghan Citizen Cards. Now, they are seeking directions fron this Court to NADRA authorities for issuance of CNICs to them and their children ( mentioned in the heading of petition in the panel of petitioners) as well as cancellation of their Afghan Citizen Cards/POF.t.

W.P.No.S394-P/2023

Petitioner No.l, namely Mulammad llyas l{han claims to be Pakistani national on the strength of his MNIC/CNIC as well as MNICs of his parents. Some of his family members (petitioners No.2 to 11) were also issued CNICs but same had been blocked because some children of petitioner No.l had been issued Afghan Citizen Cards/Afghan Registration Cards/POR etc. As per comments firnished by respondents (NADRA), CNIC of petitioner No'l was digitatly impounded in alien and intruder category on the complaint of lulst.Zaro Bibi, therefore, petitioners were segregated from her famity and were digitatly impounded and petitioners were required to appear before the DLC. Now petilioners are seeking directions fro* this Court to NADRA authorities for unblocking/ Ll,lshoq Shah, (tvPt42tr-P/2023) (DB) Hon'ble MLJudte Sycd Atshqd Aa Hon'blc MrJude Vlqo Alnad

renewal/issuance of CNICs in theirfavour

W.P,NO, 1-PD02i

In this petition, petitioner No.l (a Pakistani national) married one Shah Mulammad ( also a Pakistani national) who died in the year 2006, leaving behind six orphans (petitioners No.2 to 8) It is qverred in the petition that due to poverty, she had appliedfor issuance of POR in order to get firwncial aid from the United Nations gtven to Afghan refugees and afier issuance of POR, her CNIC had been blocked. Now she is seeking directions from this Court to NADRA authorities for unblocking/renewal/issuance oJ CNICs to petitioner No.l and her children (petitioners No.2 to 8) as well as cancellation of POR.

W.P. 561 023

In this petition, petitiorcr No.l is a Pakistani national who had married an Afghan tatiottal, namely Niaz Ali and out o/ their wedlock 9 chitdren hne born (petitioners No.2 to l0). Due to marriage with an Afghan national, petitioner No.l along with her children (petitioners No.2 to l0) have been issued Afghan citizen Cards. Now they are seeking directions from this Court to NADRA authorities for issuqnce of CNICs to them as well as cancellation M,lshsq Shsh, (tvPu2$-PnoB) (DE) Hon'btc Lh,tudle SYcd Adiad AA Hoa' c MtJuglcc l{lqu Almad

of their Afghan Citizen Cards

14P.No.5989-Pr2023

In this petition, petitioner No.l is a Pakistani national who had married an Afghan national, namely Baryalay and out of their wedlock 9 children have born (petitioners No.2 to 10). Due to marriage with an Afghan national, petitioner No.l along with her children (petitioners No.2 to 10) have been issued Afghan Citizen Cards. Now they are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards

lY.P.No.6023-P/2023

In this petition, petitioner No.l is a Pakistani national who had married an Afghan national, namely Wali Muhammad and out of their wedlock 5 children have born (petitioners No.2 to 6).

Due to marriage with an Afghan national, petitioner No.l along with her children (petilioners No.2 to 6) have been issued Afghan Citizen Cards. Now they are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their ,lfghan Citizen Cards

M.Ishaq Shah (tvP#42E3-P2023) (DB) Hon'ble MLJuilce Wd Atshad All Hon'ble MlJastlce Mqo Ahmad

W.P.No.6229 -P/2023

In this petition, petitioner No.l is a Pakistani national who had married an Afghan national, namely Samad and out of their wedlock 6 children have born (petilioners No.2 to 7). Due to marriage with an Afghon national, petitioner No.l along with her children (petitioners No.2 to 7) lwve been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards

W.P.No.6234 -PD023

In this petition, petitioner No.l is a Pakistani national who had mwried an Afglwn national, namely Meer Ali and out of their wedlock l0 children have born (petitioners No.2 to 11). Dte to marriage with an Afghan national, petitioner No.l along with her children (petitioners No.2 to 11) have been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards

W,P. No.6235 -P/2023

In this petition, petitiorur No.l is a Pakistani national lll,lshaq Shah (WN42EJ-PD023) (DB) Ho\'blc Mt.Judc. Sycd Atihd Alt Hoa'ble Mt,Justte lnqu AhmAd

ll

who had married an Afghan national and out of their wedlock 9 children have bom (petitioners No.2 to 10). Due to marriage with an Afghan national, petitioner No.l along with her children (petitioners No.2 to 11) lwve been issued Afghan Citizen Cards Now petitioners are seeking directions from this Court to NADRA authorities for issuonce of CNICs to them as well as cancellation of their Afghan Citizen Cards, Perusal of record further reveals that petitioner had eartier filed W'P.No.3844-P/2022 which was disposed of by this court on 9.5.202i with direction to petitioner to appear before the DLC for redressal of her grievance. As per contents of petition, she appeared before the DLC and also paidfee for cancellation of their POR cards but despite that CNICs have not been issued to them. While on the other, respondents in their comments have stated that petitioner was directed to appear before the Regioral VeriJication Board but she hadfailed to appear W. P.No.62 60-P/2 023

In this petition, Petitioner No.l and 2 (brothers inter se) have been Pakistani nationals who had also been issued cNlCs(annexed with petition) but now their cNICs have been btoclred because mother of petitioner No.2 had married an Afghan

(DB)Hon'ble Mr,luite SYd At*d AA lw,Isisq $hah' wP#12t3-PDM) Iloa'blc MrJrsle lnq0 Ahmad

t2

national. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of Afghan Citizen Card

ll.P.No.6268-P/2023

In this petition, petitioner is claiming to be Pakistani national on the strenglh of WICs issued to his parents. He has been denied issuance of CNIC as he was issued Afghan Proof of Registration card. Now he is seeking directions from this court to NADRA authorities for isstnnce of CNIC to hirn as well as cancellation of his Afghan Proof of Registration Card'

W. 6269-P/2023

In this petition, Petitioners are claiming to be Pakistani nationals but their CNICs ltave been blocked due to issuance of Afghan citizen crds etc. In support of their stance quo Pakistani nationality, they have annexed copies of wICs/cNICs oJ their porents and other close relatives' Now they are seeking directions lrom this cotrt to NADRA authorities for issuance/unblocking of their cNICs as well as cancellation of their Afghan Citizen Cards

(DB)Hon'ble Mt luslcc Syed Afiad All r.Ishaq Shoh, (rlPUU3'Pn0U) Hon'ble ltlr.tusdcc Mqat Ahmad

W.P.No.6317-PD02i

In this petition, petitioners are claining to be Pakistani nationals but their CNICs have been blocked due to issuance of Afghan Citizen Cards etc to them. In support of their stance qua Pakistani nationality, they have annexed copies of MNICs/CNICs of their parents and grand'parents etc. Now they are seeking directions from this Court to NADRA authorities for issuance/unblocking of their CNICs/Form-B to their children as well as cancellation of their Afghan Citizen Cards W.P.No,23 021

In this petition, petitioner's CNIC has been blocked by the respondents due to issuance of PoR card in her favour. It is averred in the petition that slu appeared before the DLC for unblocking of her 1NIC but all her efforts provedfutile. Now she is seeking directions from this court to NADRA authorities for issuance/unblocking of her CNICs

6i 7-Pn021

In this petition, petitioner No.I is a Pakistani national who twd married an Afghan national and out of their wedlock, 5 children have born (petitioners No.2 to 6). Due to marriage with an (wPk 283-PDo23) (DB) Hot'blc Mt Junlcc Syd Adtad AA M.Irtaq Shah, Hon'bt Mt,Juslce Wtqat Ahmd

t4

Afghan national, petitioner No.I along with her children (petitioners No.2 to 6) have been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards

lV.P.No,704-P/2024

In this petition, petitioner No.l is a Pakistani national who had married an Afghan national and out of their wedlock, S children have born (petitioners No.2 to 6). Due to her marriage with an Afghan national, petitioner No.l along with her children (petitioners No.2 to 6) hne been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards

o, 1225-P/2

In this petition, petitioner No.l is a Pakistani national whose daughter, namely MsL Masooma Bibi (petitioner No.2) had married an Afghan national and due to thisfact, she had also been issued Afghan Citizen Card. Petitioner No.2 is seeking directions from this Court to NADRA authorities for issuance of CNIC to her M,Ishaq Shah, (wP#4283-P/2023) (DB) Hon'ble Mr.lu$lce Syed Atshod A Hot'ble MlJusrlce tnqu Ahmad

as well as cancellation of her Afghan Citizen Card, W.P.No.|23S-PD 024

In this petition, petitioner No.l is a Pakistani national who had maruied a Pakistani national and out of their wedlock, l0 children haye born (petitioners No.2 to I I). Not only spouses but some of their siblings (petitioners No.2 to 1l) had been isstrcd CNICs but due to issuance of Afghan Citizen Cards to petitioners No.2 & 9, CNICs of other petitioners have been blocked. Now petitioners are seeking directions from this Court to NADRA authorities for issuance/unlocking of their CNICs as well as cancellation of their Afghan Citizen Cards

llt.P,No.1331-P/2024

In this petition, petitioner No.I is a Pakistani national who had married an Afghan national and out of their wedlock, 7 children have born (petitioners No.2 to 8). Due to her marriage with an Afghan nation al, petitioner No.l along with her children (petitioners No.2 to 6) have been issued Af,ghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuqnce of CNICs to them as well as cancellation of M.lshaq Shah, (wP#1283-P/202i) (DB) Hon'ble lWr.lustce Syed A$had AA Hon'blc Mt,tufllce lflqu Ahmad

their Afghan Citizen Cards.

W.P.No.1181-P2024

In this petition, petitiorur No.l is a Pakistani national who had married petitioner No.2. Out of their wedlock, petitioners No.3 to 8 have born. Petitioner No.I has been issued CNIC as well as Pakistani Passport (attached with petition) but issuance of CNIC to petitioners No.2 to I had been denied due to issuance of ACC to them. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioners No.2 to 8 as well as cancellation of their Afghan Citizen Cards

W.P,NO, 1191-P/2021

In this petition, petitioner No.l is a Pakistani national who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.3 & 4 hwe born. Due to said wedlock, petitioner No.I was also issued Afglan Citizen Card(ACC) & and due to which, respondents have refused to issue her CNIC. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNIC to petitioner No. l/Form'B to petitioners No.3 & 4 as well as cancellation of their Afghan Citizen Ll.ldraq sha.i' (vPx42E3-PD023) (DR) Hot'bl. Mt Justtce Syed Adtad Alt Ho,t'bL Mt Jusde ,nqot Ahmad

t7

Cards

W.P,NO, 1$5-Pr2021

In this petition, petitioner No.l is a Pakistani national who lnd married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.i to l0 hwe born. Due to this wedlock, petitioner No.l as well as her siblings (petitioners No.3 to

10)had been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioner No. I and her siblings (petitioners No.i to 10) as well as cancellation of their Afghan Citizen Cards W.P.No.1197-P/2024

In this petition, petitiorrcr No.l is a Pakistani national who lud married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.3 to I I have born. Due to this wedlock, petitioner No.l as well as her siblings (petitioners No.3 to 1l) had been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of cNICs to petitioner No. I and her siblings (petitioners No.3 to t l) as well as cancellation of their Afghan Citizen Cards M.Ishaq Shah, (wPu2tt-Pnnr) Lt

(DB)Hon'ble uste SY.n Adtad AU Hon'ble Mr.ttgle lllqat Ahmad

t8

W.P.No.1 553-P/2024

In this petition, petitioner No.l is a Pakistani national whereas petitioners No.2 to 12 me her children who hove been issued Afghan Citizen Cards. Now she is seeking directions from this Court to NADRA autloritiesfor issuance of CNICs to petitioner No. 2 to 12 being children of Pakistani national(petitioner No.l) as well as cancellation of their Afghan Cilizen Cards W.P.No.1584-P2024

In this petition, petitioners No.I to 5 are brothers- sisters inter se while rest of petitioners are their children. They have averred in the petition that they have been Pakistani nationals on the strength of old record (MNICI) but later on they had been issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards

l7.P.No.167GP/2021

In this petition, petitioner is a Pakistani national who had married an Afghan national and due to this fact, she was also issued Afghan Citizen Card. h is averred in the petition that she appeared before the Verification Board of NADRA for the issuance M.Ishaq Shah, (t{PN2$-Pn0B) (DB) Hon'ble MAtunlce Syed A6had Ali Hon'ble Mt tudlce mqor Ah ad

of CNIC to her but in vain. She is seeking directions from this Court to NADRA autlnrities for issuance of CNIC to her as well as cancellation of her Afghan Citizen Cards

IY.P.No.1764-P2021

In this petition, petitioner No.l is a Pakistani national who had maruied a Pakistani national, narnely, Qadm Khan (now dead) and out of their wedlock, petitioners No.2 to t hove born. It is averred in the petition that in order to get financial aid from foreign donors, petitioners got themselves registered as Afghan Refugees and thereafter they were issued Afghan Citizen Cards Now they me seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards

ll/,P,No.1872-P/2024

In this petition, petitioners have averred that they have been Pakistani nationals on the strength of old record (MNICs of their parents) but later on, mistakenly , they had registered themselves as Afghan Refugees and were issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of Lt.lshaq Shah, (wP#lzEJ-P/2n3) (DB) Hon'ble Mnlunlce Sycd Anhod Al, Hol'ble Mrtusrlcc Wlqor Ahr|ad

their Afghan Citizen Cards.

ll.P.No.1934-P12021

In this petition, petitioners No.l is mother of petitioners No.2 to Il. It is averred in the petition that due to marriage of petitioner No.l with Afghan national, they hove been issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Cilizen Cards

W.P.No.1939-P/2021

In this petition, petitioners No.1 is mother of petitioners No.2 to 4. It is aveted in the petition that due to marriage of petitioner No.l with Afghan national, they had been issued Afghan ProofofRegistration Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Proof of Registation Cards

W. 942-P/2 4

In this petition, petitioners No.l is mother of petitioners No.2 to 9. It is averred in the petition that due to marriage of petitioner No.t with Afghan national, they had been issued Afghan Proof of Registration Cards. They are seeking directions from this M.Ishaq Shah, wPt42E3-P/2023) (DB) llot'ble Mr,ttdtce Sycd Atshad AA Hon'bl. Mt tude Wtqq Ahmad

2t

Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Proof of Registration Cards.

W,P.No.I9 72-P/2021

In this petition, petitioners No.l is mother of petitioners No.2 to 8. It is averred in the petition that due to marriage of petitioner No,l with Afghan national, they had been issued Afghan ProofofRegistration Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Proof of Registration Cards W.P.No,1974-P2024

In this petition, petitioners No.l is mother of petitioners No.2, 3, 4, 5, 6 and 7 while rest of the petitioners are children ot petitioners No.2 and 3. h is averred in the petition that they have been Pakistani nationals and in support oftheir stance, they have annexed MNIC of husband of petitioner No.l but for the sake o/ getting financial aid, tlrcy had been issued POR Cards and also Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Proof of Registration Cctrds/Afghan Citizen Cards

M.Is*aq Stah, (YP[42E -Pn0B) (DB) tlon'ble itlhtufrce Sycd At$d AA Eon'ble Mr.Junte Wqt Ahmad

|/.P.No.199LPn024

In this petition, petitioners No.l & 2 are spouses inter se while petitioners No. 3 to 11 are their children. It is q'veted in the petition that they have been Pakistani nationals and in support of their stance, they have annexed MNIC offather of petitioner No.1 but for the salre of geuing firwncial aid from foreign donors, they had been issued Afghan Proof of Registration Cards/Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to tlpm as well as cancellation of their Afghan Proof of Registration Cards/Afghan Citizen Cards W,P.NO .199.3-Pr2021

In this petition, petitioner No.l is Afghani national who had married a Pakistani rtational, namely, Saifur Rehman (now dead) and out of their wedloch petitioners No.2 to 4 lnve born. In support of this stance, they have annexed copies of CNIC' domicile and death certificate of deceased saif ur Rehman. It is avefted in the petition that in order to get financial aid from foreign donors, petitioners had been issued Afghan Citizen Cards' Now they are seeking directions from this court to NADRA authorities for Lr.lshaq Shqh, (wPt128t-Pn02l) (DB) Iton'bl. Mt Juskr Sy.d Atshd AA Ho\'blc M1tualcc mqq, Ahmad

issuance of CNICs to them as well as cancellation of their Afghan Cilizen Cards.

l/.P,No,l 99GPt2024

In this case, petitioners No.l & 2 (spouses inter se) are claiming to be Pakistani nationals on the basis of their old MNICs etc. and out of their wedlock petitioners No.3 to I0 have born. It is averred in the petition that in order to getfinancial aidfromforeign donors, they had been issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of cNICs to them as well as cancellation of their Afghan Citben Cards/Afghon Proof of Registration Cards tr.P. o. 2107 - 021

In this petition, petitioner No.t is a Pakistani natiorwl who had maffied petitiofur No.2 (an Afghan national) and out of their wedlock, petitioners No.3 to 8 hove born. It is aveffed in the tition that in order to get linancial aid from foreign donors' petitioners had been issued Afghan Citizen Cards' Now they are seeking directions fron this court to NADRA authorities for issuance of CNICs/Form-B to them as well as cancellation of their Afghan Citizen Cards.

(wPt42E -PnoB) (DB) Hon'blc MTJaslc. Syed A$hd All ll.Is*aq Shoh, Hofble Mt Juile Mqu Ahmd

|l/.P.No.2131-P/2024

In this petition, petitioner No.l along with her children (petitioners No.2 to 9 ) are claiming to be Pakistani national on the strength of old record of NADRA i.e. MNICs, and domicile certiJicates of petitioners No.l & 2. h is averred in the petition that in order to get financial aid from foreign donors, petitioners had been issued Afghan Proof of Registration Cards. Now they are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards/PORs/Afghan Proof of Registration Cards.

W,P. No.2l35 -Pn021

In this petition, petitioner No.t is a Pakistani national who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No'3 to 8 have born. They are claiming to be Pakistani nationals on the basis of old record pertaining to MNICs as well as CNICs of petitioners No.3 to L h is averred in the petition that in order to get Jinancial aid from foreign donors, petitioners had been issued Afghan ProofofRegistration cards as well as Afghan Citizen Cards. Now they are seeking directionsfrom this Court to NADRA authorities for issuance of CNICs to them as t .lshaq Shah, (wPH42$-PnoX) (DB) Eon'ble Mnlailc. SYed A$hd Alt Eon'blctl a e lftqoAhmd

well as cancellation of their Afghan Citizen Cards/Afghan Proof of Registration Cards

W,P,No.21 3GP/2021

In this case, petitioner No.l is a Pakistani national who had married petitioner No.2 and out of their wedlock, petitioners No.3 to 12 lrave born. They are seeking directions from this Cottrt to NADRA authorities for issuance of CNICs to petitioners No.3 to 12 (children of petitioner No.l) and cancelhtion of their Afghan Citizen Cards

W, P.No.2l77-P2021

In this case, petitioner has aveted that his parents are Pakistani National who lwve been issued CNICs but when he approached the respordents for issuance of CNIC in his favour, they have refiued to issue same to him. He is seeking directions from this Court to NADRA authoritiesfor issuance of CNIC to him ll.P.No .2r81-P/2021

In this petition, petitioners have avened that they have been Pakistani nationals on the strength of old record (MNICs) but later on they lud registered themselves as Afghan Refugees and were issued Afghan Citizen Cards(ACC).They are seeking directions tl.Ishaq Shsh' (wPr42$-Pn08) (DB) Hoa'blc Mt,tuslcc Syett Atdtd An Iton'ble Mt.tuilce mqu Ahnad

from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of tluir ACC.

W.P.No.2302-P2021

In this case, petitioner No.l is Afghan national who had married a Pakistani national and out of their wedlock, petitioners No.2 to t have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards.

W.P. No.2304-P/2024

In this case, petitioners ltave averred that they have been Pakistani natiorwls on the strength of old record i.e. MNICs issued to their fathers and grand-fathers but mistal<enly they had also been issued ACCs/POP"s. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards/PORs

W.P. 2313 021

In this case, petitioner No.l is a Pakistani national who had married petitioner No.2 and out of their wedloch petitioners No.3 to t have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioners No.l and It.Ishaq Sho,, @H12$-Pn02t) (DB) floa'blc ltt tuslcc syed Ar*d AA Hot'ble Mr.Jugle lvlq Ahntad

V

her children (petilioners No.3 to 9) as well as cancellation of their Afghan Citizen Cards.

W.P.No.2314-P/2021

In this case, petitioners have averued that they hove been Pakistani nationals on the strength of old record i.e. MNICs issued to their father and grand-fathers but mtstakenly they had also been holding ACCs/PORs. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Cilizen Cards/PORs.

ll.P.No,23 I 021

In this case, petitioners No.l & 2 (spouses inter se) are clailning to be Pakistani nationals on the basis of old MNICs and out of their wedlock petitioners No.3 to 8 have born. It is averued tn the petition that subsequently they were registered as Afghan refugees and were issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards/PORs/Token

W.P.No.2320-Pn024

In this case, petitioner No.l is a Pakistani national who ti.Ishaq Shsh, (wPil4283-P/2023) (DB) tlon'blc Mt luslcc Syed *dtd AU Eon'blc L*.Judte mqat Ahmqd

V

has married an Afghan national and on the strength of her marriage with Afghon national, she was issued Afghan Citizen Card. She is claiming to be entitled to retain dual citizenship of Pakistan and Afghanistan. She is seeking directions from this Court to NADRA authorities for issuarrce of CNIC to her as well as holding her entitled to retain Afghon Citizen Card in terms of Section 14 of the Pakistan Citizenship Act

It.P.No.2i22-P/2024

In this case, petitioners No.l & 2 (spouses inter se) are claiming to be Pakistani natiorwls on the basis of old MNICs Out of their wedlock petitioners No.3 to 7 lave born. It is averred in the petition that subsequently they were also registered as Afghan refugees and were issued Afghan Citizen Cards. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards/PORs

W. o. 2323 024

In this case, petitioners No.l,2, 3,4 & 5 are brothers inter se who claim to be Pakistani ratiotals on the strength of old MNICs. It is averred in the petition that subsequently, due to M.Ishqq Shah' wP#42$-Pr2023) (DB) Hoi'ble MhJu cc Sycd Atthd Alt Hon' . M?.tagle Wqu Ahmod

V

illiteracy, they had been issued PORs and they were registered as Afghan refugees. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afglwn Citizen Cards/PORs.

W.P.No.2327-P/2024

In this case, petitioner No.I is a Pakistani national who had married petitioner No.2 and out of their wedlock, petitioners No.3 to I0 have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioners as well as cancellation of their Afghan Citizen Cards

lY.P.No.232 021

In this case, petitioner No.l is a Pakistani national who had manied an Afghan national and out of their wedlock, petitioners No.2 to 8 have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioners No.2 to 8 as well as cancellation of their Afghan Citizen Cards

W.P.No.2330-P12024

In this case, petitioner No.l is a Pakistani national who had married an Afghan national and out of their wedlock, M.Irtaq Shd, (YPlt42E -P/202r) (DB) flon'ble Mnluttce SY.d Atdtd AA Hor,'ble Mr.Justle lllqat ,lhnad

petitioners No.2 to 7 have born. They are seeking directions from this Court to NADRA authorities for $suance of CNICs to petitioners No.2 to 7-

W.P.No.2341-P12024

In this case, petitioner No.l is a Pakistani national who had married petitioner No.2 (an Afghon Natiorul) and out of their wedlock, petitioners No.3 to 12 have born. They are seeking directions fron this Court to NADRA autltorities for issuance of CNICs to petitioners No.j to 12 as well as issuance of Pakistan Origin Card (POC) to petitioner No.2 as well as cancellation of their Afghan Citizen Cards

tf.P.No.2363-P/2021

In this case, petitioner No.l is a Pakistani national who had manied an Afghan national and out of their wedloch petitioners No.2 to 6 have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards W.P. No.2364-P12021

In this petition, petitioner No.l is a Pakistani national M.Ishoq Shah' (wPu2$-Pn0$) (D8) Hon'blc Mt ttMlcc Syctl Atdtd AU Eon'Uc ltr.tasrlQ Wlqt,lhnad

who had married an Afghan national and out of their wedlock, petitioners No.2 to 16 have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards 3 Arguments heard and record perused.

4 According to the natations offacts abwe, all these connected cases may be categorized asfollows:- (t). First Catesory

Children born out of wedlock where one of their parents is Pakistani and another an Afghan citizen but in names of the children either an Afghan Cltizenship Card or Proof of Registration Card have been issued (ii). Second Catesorv

Those citizens of Pakistan who holds an ACC and claim themselves entitled to retain both nationalities i.e. dual citizenship;

(iii)Third Cuteeorv Those Afghan citizens who do not claim to be Pakistani citizens bul claim their entitlement lo the grant of Pakistan Origin Card or cillzenship on the basis of their marriage with Pakistani citizens (Pakistani citizens who holds CNICs and in whose names ACC have not been issued).

M.Ishaq Shsh, (wPN2$-PnoX) (DB) Hofi'ble Mntaslce Syed ANtad AA Hon'ble M\Juslicc Wlqat Ahmsd

(iv)Fourth Catesorv Those ACC holders who claim to be Pakistani citizens but entered as Afghan citizens wrongly and ACC cards issued in their names.

Now we talce up each categoryfor discussion.

FIRSTAND SECOND CATE GORIES

1). Children born out of wedlock where one of their parents is PakMani and another an Afghan citizen but in names of the children either an Afghan Citizenship Card or Proof of Registration Card issued.

2)Those citizens of Pakistan who holds an ACC and claim themselves entitled to retain both nationalities i.e. dual citizenship,

The issues raised in the above categories (Category No.l & 2) being inter-linked and intermingled, so discussed together 5 Persons pertaining to these categories include those minors or children born out of wedlock where one of their parents is Pakistani and another Afghan Citizen and to whom either ACC has been issued or POR has been issued. It is quite perceivable that child born out of the wedlock where one of the spouses belong to one nationality and second to another nationality, then such children would be entitled to be registered M,Ishaq Shah (wP#42$-Pn0B) (DB) Hon'ble Mt Jusice Syed Arhad Alt Hon'ble MtJasdce mq@ Ahmsd

in both the nationalities (dual nationality). Here our lav,s also recognize dtnl nationality for such children till age of 2l years.

Section 14 of the Citizenship Act while restricting and putting a clog on holding of certain dual nationalities, has given exclusion to persons below the age of 21 years and females manied to foreigners , inter alia, in thefollowingwords: - *14, Dual cilizensh io or natio nalifi nol oermified-

(1)Subject to the provisions of this section if any person ,s a cilizen of Pakhtan under lhe provisions of this Act, and is ol 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 os citizen or nationol thereof, cease to be a citizen of Pakislan.

(U). NothW in sub-seclion (1) applies to a person who has not attained twenty'one years of his age:

(2)Nothing in sub-section (1) sholl apply to any person who is a subiect of an Acceding State so far as concetns his being a subiect of thot State,

(3)Nothing in sub'section (1) shall apply, or shall be deemed ever to hwe applied at ony stage, lo a person who being, ot having ol any time been, a citizen of Pakistan, is also the citizen of the (Inited Kingdom and Colonies or of such olher country Ns the Federal Gwernment fray, by (rvPt12$-Pn0B) (DB) Hon'bt. Mt lunlce Syed Anhod Ali M,lshcq Shoh' Hott'bl. Mr.tuste Mqo Ahmad

notiftcofion in the otlicial Gazette, specify in this behalf,

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

6 Sub-SectionJA of Section 14 of the Citizenship Act has expressly provided that restriction on holding dual natiorality would not apply in case of persons below the age of 2l years. Sub Section-3 was providingfor cases ofthose persons who are citizens of United Kingdom or Colonies and such other countries, the Federal government lnt by notification in the ofricial Gazette sPecified and tn ca{;es of such persons, restriction of drul rationality as contained in Sub section-l of Section t4 would rct appty. It is clear that Afghanistan has not yet been notified by the Federal Government under Sub-Section- 3 of Section 14 of the Citizenship Act but cases of those persons who fatl in Sub Section IA, Sub Section-2 and Sub Section 4 of Section t4 of the Citizenship Act stand on dffirent footings and their cases have been excludedfrom operation ofsub'section'I of section-l4 of the citizenship Act ipso-facto whether or not the It.Istaq Shsh, (wPu203-P/243) @D) Hoa'bk Ltnlutle SYd Atdtd Au Ho,t'bl. Mr,Ju e Wlqs Alnad

state to which they belong had been notified by the Federal Government under Sub Section j of Section 14 of the Citizenship Act. All the sub-sections i.e. 1A, 2, 3 and 4 have been aiming to provide dffirent classes of persons and same are to be read disjunctively. The words as well as full stop at the end of each section was itself indicative of the fact that each sub-section was regulating and aiming to deal with distinct classes specified therein without any doubt. It can therefore, be safely concluded that a person of less than 2l year of age can retain citizenship of Afghanistan along with its nationality of Pakistan. Such persons cannot be deprived of their status as Pakistani Citizens for the reason that their nctmes had been found in the DATA of ACC holders or POR holders. It is also important to be noted here that not only the persolx below age of 2l years but female Pakistani citizens married to foreigners, can also retain dual citizenship of Pakistan and any other state recognized by Pakistan, (Afghanistan in the case in hand), notwithstanding the fact that said state has not been notified by the Federal Government under Sub Section 3 of Section 14 of the Cilizenship M,lshaq Shoh ot/P*42E3-PD023) (DB) Hon'ble MLtusrlce W.l Arshod Afi Hon'ble M^luglce tnq0 Ahmad

Act Sinilarly, Section 14A of the Citizenship Act while providing for renunciation of citizenship of another country, has also given exclusion of two types of persons i.e. those residing in Pakistan and those who have been minors. Section 14A of the Citizenship Act is also reproduced herein below for ready reference: -

'11-A. Renunci n of cilizenshio.- (1). If any cittzen of Pakistan residing ofiside Pakistan, who is not a minor and:-

(a)is olso a citizen or nationol of another country, or (b) has been given by the competent aulhority of anolher country any valld document ossuring him of the gront 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 regktered by the prescribed aulhorily; and upon such registration that person shall ceose to be a citizen of Pakistan: Provided that, if any such declaration is made during ony war in which Pakistan may be engaged, registration thereof shall be withheld until the Federal Government otherwise directsn.

7 The cases of those minors who have been born out of wedlock where one of the spouses is a Pakistan M.lshaq Shah wPrl2tt-Pnox) (DB) Hon'bk Mr.tu ce SYcd Archad All Hon'ble Mt.lus ce lllqot Ahnad

citizen cannot renounce his citizenship under Section 14A of the Citizenship Act. Similarly, persons residing inside Pakistan cannot renounce citizenship of Pakistan and therefore, cases of those miror children as well as ccaes of those females who are Pakistani citizens but registered as ACC or POR holders cannot be equated to remtnciation of citizerahip. They have never made an express request for renunciation of citizenship in the prescribed nanner but beside that, such request could not have been entertained even if made on their belwlf, Similarly, no order could be brought to the notice of this cotttt that such classes of fntnors or females have ever been deprived of their citizenship by an express order of the Federal Government passed in the manner provided under Section 16 of the Citizenship Act

8 The situation that emerges from this analyses invariably leads one to a conclusion that a female Pakistani citizen who marries an Afghan citizen can retain dual nationality. Similarly, children born out of such wedlock can DI.Ishaq Shah' (w'Pu2$-Pn08) (DR) Ho^'blc Mt tutlcc Syed Arshd Alt Ilon'ble Mnlutlce Wtqat Ahmod

also retain their dual nationality of Pakistan as well as Afghanistan till attaining the age of 21 years . They cannot be denied citizenship status as citizen of Pakistan for the reason that they are ACC or POR holders. Their entry can co-exist, as such in NADRA Data Base as well as in other Data Base of government of Pakistan. Their CNICs, if issued already, cannot be bloclred for the reason that names of such persow has been found in the DATA of Afghan Citizenship or they have been formd to be holders of PORs. Such females and minors can continue to hold CNICs of Pakistan while being entered as ACC or POR card holders. Such children shall be entitled to citizenship of Pakistan by issrnnce of Form-B, notwithstanding thefact that they have been entered as ACC or POR holders 9 The act of NADRA whereby CNICs of fenale

itizens of Pakistan had been blocked for the reason tlwt their lrames have been reflected in the ACC holders and POR holders and similarly those persons who are less tlun 21 years of age, for the very reasons mentioned above, are found by us to be in violation oflav, on the subiect, particularly, Section 14, Section M.Id,aq Shsh, (rvHt2E3-PDo2J) (DB) Hon'blc Mt,ttile Ed Arrtd AA Hon'blc Mr,tusde Wtqot Aht tod

l4A and Section 16 of the Citizenship Act. Similarly, the act of entry of their narnes in the data of ACC and POR holders cannot be taken to deprive such person of status as Pakistani Citizens when he is allowed by law to retain dual nationality

10.A child born out of a wedlock where one of the spouse is Pakistani citizen is also a citizen of Pakistan by birth Section 5 of the Citizenship Act was expressly providing in this respect that a person born afier commencement of the Citizenship Act, would be deemed to be citizen of Pakistan by descent, if his parents are citizen of Pakistan at the time of his birth. Two exceptions have,however,been provided by way of adding the proviso in the section. First exception was provided for those childrenwho have been born to Pakistani parents but whose birth took place outside the country and they were not egistered in Pakistani Corculate or Mission in thal coun$ or where srch Consulate or Mission was not available then at the Pakistani Consulate or Mission in the nearest country. The second exception relates to the persons in the Government of Pakistanwhich is not relevant in our present discourse. Sofar as M.l$aq $hah (wPN2$-PnAi) (DB) flon'ble Mr.tuslce Sycd A,rhad Afi Ho,t'ble Mr.tunlce wlqoAhn od

birth of a minor outside Pakistan is concerned, in this respect registration of such a minor can only be declined when there is ffirmative evidence that the minor had born outside boundaries of Pakistan. In absence thereoJ parents and children living in Pakistan can legitimately be presumed to have been born in Pakistan.

I1 It also requires elucidation here that the word "parent" used in Section 5 of the Citizenship Act, /951 was substituted for the word "father" through Ordinance No.XII of 2000 promulgated on 18.4.2000. Learned Deputy Attorney General put forth stance of Ministry of Interior by stating that the amending Ordinance No.XIII of 2000 had been promulgated on 18.4.2000, having the ffict of substituting "father" with the word "parent" in Section 5 of the Act and therefore, children of Pakistani father before 18.4.2000, could be treated a Pakistan itizen, while afier said date, children born to either Pakistan mother or father (parents) would be considered as Pakistani citizens We are not in agreement with the stance taken by the MOI or learned Deputy Attorney General at the bar. It is true M.Ishaq Shah (wP#4283-PD023) (DB) Hon'ble Mr.taslce Syed Ar$qd Alt Hon'ble MLJasdce Wlqqr Ahrrrad

that the word "parent" was substituted for word "father" through the Ordinance promulgated on 18.4.2000, but said Ordinance was curative as well as remedial legislation, in its nature. There was a defect in earlier Section 5 of the Citizenship Act which was dffirentiating between "father" and "mother" on the basis of sex and satne was therefore, violative of the Fundamental Rights against discrimination (on the basis of sex) enshrined in Article 25 of the Constitution of Pakistan. The amending Act was having no purpose or object but to bring Section 5 of the Citizenship Act in conformity with the Constitutional dictates embedded in Article 25 thereof and said legislation can therefore, be safely held to be curative legislation so for as its retrospective operation is concerned. Curative legislation may be described as a lan promulgated with the aim and object of validating or ratifying an error, legal action or document that was defective or invalid due to legal technicality or procedural defect. The purpose ofcurative legislation may be summarized as under :-

a. Cure defect or itegularity in the original law; b. validate action taken under the defective laut; c. provide relief to an indtvidual affected by defective legislation.

M.IEhqq Shoh (vPu2E3-P2023) (DB)llon'UeM uslce SYcd Arthd Alt ,ton'blc lh.Judle Wqar Ahmad

d. clarify ambiguity or uncertainty in the original la'nt.

Curative legislation is ofien used to address issues of technical errors in enactnents, procedwal mistal<es or omissions, tmconstitutional provisions, ambiguities or uncertainties. By passW curative legislation, a legislatwe can ffictively cure the defects and ensure that the original intention of the law is upheld without disrupting stability of the legal system.

In the case of Cellular Operators Association o!

India and others vs Teleco Resulatorv Authori n of India and others. reported as AIR - 2016 - Supreme Court - 2336.

Honourable Supreme Court of India lwd declared Telecom Regulotory Authority Act 1997 of India as certain provisions of it had been found undermining the iudicial independence. The Indian Parliament subsequently passed TRAI amendment Act 2000 so as to rectify the constitutional defects in the law pointed out by the Supreme Court of India. Therefore, the subsequent amendment Act was an example of curative legislation through which un-constitutional parts were severed and some of its parts M.Irtaq thah, (tvPt12$-Pna3) (DB) Hon'ble Mr.,tustce Sycd Arrtod AU Hon'blc lhJu e Mqo Ahmqd

were rnodifred so as to bring it in line with constitution of India t2 Curative legislation and remedial statute have mostly been hwing similar purposes but still there are some features of dffirentiation. Curative legislation Lt normally enacted to cure a defect in the existing lau, or to validate acts that were previously invalid due to technical or procedural errors. Some provisions of the Act which was or which is in conflict with constitutional provisions may also be rectified through curative legislation. Remedial statute, on the other hand, is a legislation enacted to provide a remedy for a legal problem or to correct deficiencies in existing laws prospectively Unlike curative statute, remedial statute normally prevent futwe problems or improve existing legal framework. It is also true tlwt ctrative statutes are normally intertded to be legislated with retrospective effict and it carries such an ffict by necessary implications even if not supplied in express words. A remedial statute, on the other hand, normally acts prospectively to prevent regime' But future problems or firther improve an existing legal consenswi of the authorities on the subiect as well as the courts Ilt,lshaq thah' (tvPN283-PDo23) (DB) llon'ble lllr,tuslcc Sy.d At tsd All Hon'blc MrJustle mqv Ah ad

of law from various jurisdictions appears to be emerging that curative and remedial statutes should be liberally interpreted and so long as it provides a right and advances a remedy, same should be given retrospective effect but if same happens to abridge arry of the existing rights or provide for a new or additional penalty, then it would not be given retrospective ffict. Crawford in his treatise of "Statutory Constuction" has expressed the following opinion regarding retrospective effect o/ remedial statute,

"282. Remedial statutes.--Even remedial statutes may be subject to the prlnciples hereinto force discussed, opposing any construction which will give the enactment retrospective operation. Yet' since remedial statutes are usually looked upon with favour by the Courts, they should be liberally construed. But there sppeam to be considerable confusion in the cases with reference to giving remedial Acts retrospective effect through construction.Ifthe rule ofliberal construction is to be applied, as it obviously should then any doubt should be resolved in favour of retrospective operation, if such operation does not destroy or disturb vested rights, impair the obligations of contracts, create new liabilities violate due process of law or contravene some other Constitutional provision, and if such operation will carry out the M.I$oq Shot, (wP#4283-P/2123) (DB) Hor'blc Mt tudtce Sycd Atshod Alt Eon'blc Mt tudle Mqu Ahmod

v intention of the legislature as ascertained through the application of the principle of liberal construction. In other words, a statute relating to remedial law may properly, in several instances, be given retrospective operation.rr

While partly relying on said opinion, Honourable Supreme Court of Pakistan had also upheld the decision of the Honourable Sindh High Court in its iudgment rendered in the case of "Commissioner of Income Tm Vs Shahnswaz Ltd. And others re tedl99JSCMR_ by observing as follows, "Howeyer, nothing has been adduced before us in support of the last mentioned submission. As explained in Crawford's 'rStatutoty Constructionil a statute relating to remedial law may properly, in several instances, be given retrospective operation and we are of the opinion that as the amendment in the instant case was introduced to redress an injury which in the words of Circular No.6 of 1973 (Income Tax) issued on 7th July, 1973 by the Central Board of Revenue itself was 'rdesigned to soften the law in favour of tax-payers who could previously be charged to additional tax up to the date of assessment even though the finalisation of assessment was delayed due to no fault of theirs.'r This was a proper case in which retrospective operation, to the extent the High Court gave to it' could be given to the amending law."

M.Ishaq Shah, (wPN28r-PD02t) (DB) Hon'bte Mnlusttce Sycd Adad Aa ttoa'ble Mt.tusle lflqot Almad

Similarly, honourable Supreme Court of Pakistan while giving its judgment in the case of Pervaiz Hussain and others Vs Secretarv to Gove rnrnent of Puniab Food De tment lahore and another reported as 2021 P L C ( C,S.I - 311 has inter alia held that curative legislation were normally retroactive unless provided otherwise through exPress language or necessary implications. Relevant observattons of the Honourable Supreme Court are reproduced hereinfor ready reference:'

" A bare perusal of the Amended Act shows that it was curative in nature, further evidenced by its preamble.lt A curative act is generally passed to nrovide some correction or omission made in the existing statute.te Furthermore, acts of this character are obviously retroactive, and hence entitled' as general rule, to retrospective operation.20 L, Ralby industries2l this court held:

"It is well settled that the curative statute is meant for lawmakers to recuperate the prior enactment for rectifying the defect or omission. In order to Iind out whether any beneficial, remedial or curative legislation has a retrospective effect' the litmus test is to explore whether it is intended to clear up an ambiguity or oversight in the prevailing or standing law and in its pith and iubstance, it corrects or modifies an existing law or an error that interferes with interpreting or applying the statute. For sure' its scope is ci"iincalory in nature but if it has no such character or essence' it cannot be deduced to be retroactive merely for the reason that it amounts to beneficial legislation. The retroactive application of curative legistation can be gauged and measured from the ftain language and intention of legislature. tt is ty and large passed to supply a coispicuous omission or to elucidate misgivings as to the meaning of the previous law."

The Amended Act's provision of a timeframe with

(DB)HoL'ble Mt.Jus ce SYcd Atdrd All Lt.Ishaq Shsh, aHl2B-Pn08) ' Hoa'blc MtJagle Mqo Alnad

regards to a major penalty of withholding pension, in our view is intended to clear up the ambiguity, vis-i- vis as to how long can pension be withheld as a penalty, in the pre-amended PEEDA, and thus qualilies the test laid down by this court of being retrospective in nature."

Honourable Supreme Court of Pakistan had also gtven retrospective ffict to the Act when same had been found to be curative in nature.

t3 Coning back to the Amending Act in the case in hand, same can be treated as curative so long as it was covering the cases before i,8.4.2000. In same respect, it can be deemed to be having a retrospecttve ffict. The Amending Act was having no other purpose then to reme@ the defect in the low as satne had earlier been discriminating between two citizens of the State on the basis of sex and was therefore, clearly in violation of doctrine against discrimination enshrined in Article 25 of the Constitution of Pakistan, 1973. Interpreting the law, other way round and considering it to be prospective in its operation only, same would mean that for the period before 18.4.2000, law would be given effect against express mandatory provision of the Constitution i.e. Article 25, which can not even otherwbr^fi" M.Ishaq Shah (tvP#12t3-PD023) (DB) Eon' cA a cc SYd Anhod Alt Hon'bh Mntugle mqu Ahmsd

allowed. There can hardly be two opinions about the principle that all ordinary laws of the State should conJirm to the dictates of the Constitution and while interpreting laws, the courts of law should also lreep in mind said principle of constitutional superiority

THIRD CATEGORY

(Those Afghan citizens who do not claim to be Pakistani citizens but claim their entitlement to the grant of Pakistan Origin Card or citizenship on the basis of their matiage with Pokistani citizens,

t4 This category is comprising of those persoru who have never been Pakistani citizens nor they claim to be so Learned counsel representing NADRA was also pleading that all similar persons should apply to Ministry of Interior under Section 19 instead of NADRA but the fact remains that they cannot apply under Section 19 of the Citizenship Act. Said remedy is only available to those persons who claim to be Pakistani Citizens, but shadow of doubt exists regarding their status of citizenship of this Country. Persons in this category admit themselves to be Afghan citizens by descent but they claim themselves to be entitled to the grant of Pakistan Origin Cards (POC) or citizenship by *oy of naturalization on the basis of marriage with Pakistani citizens. This court while giving its judgment in the case of MstNaureen Masood etc Vs M.Ishaq Shah wP#42E3-PD023) (DB) Hon'ble Mllunlce Syed Arshd Alt Hon'ble MLJudle Wqat Ahnad

Governmenl of Pakistan thro nistrv of Interior. Islamabod etcW decided on Ist December, 2023, lns alrea$t held in respect of such class of persons;

n7. Perusal olrecord reveals that o namber of prayers have been made in connected writ petitions but first we would llke to discuss issuance of Pakistan Origin Cards (POC). Section Il of the NADRA Ordinance was providing for issuance of POC in the following words:

"11. Pakislan Origin Cards. The outhority shall issue or tenew or cause to be issued or renewed in the prescribed rnanner and on prescribed criteria, terms and conditions, cards lo such prescribed closs of forelgners ond such prescribed closs of citizens with dual nationality who have got themselves registered in the prescribed tflonner, in such lorm and with such periods of validity thereof upon payment of such fee in such form and manner as may be prescribed, to be called Pakistan Original Cards and receive applications for registrotion therefor in the prescfibedfonn "

8.Governmenl of Pokistan has also framed rules under Section 41 of the NADRA Ordinance which ore called 4s the Nutionol Database and Registration Authority (Pakhtan origin Cord) Rules 2002 (hereinafier relerred to as POC Rules). For the purpose of instant case where POC are being claimed by foreign nationals on the M,Irtsq Shoh, aPw2$-Pn0x) (DB) Eon'ble Mt Jusrlcc SYcd At*d All Hoa'blc MrJusle Wrqq Ahmad

basis of marriage with Pakistani citi4ens, the eligibility provided in'Rule 4 is relevant. For sake of reference Parts of sub rule I & rule 5 of Rule 4 of POC Rules are reproduced hereunder tor ready relerence:-

't 4. Elisible foreisner of Pakistan orisin:-

(1)A person shall be an eligible foreigner of Pakistan origin rt (a) (b)

Provided that he :

O to(vii).........

(2)and (3)........

(4).Elisible foreisner of Pakistan Oriein. (s)............................. "

9.For the purpose of claiming POC Cards on the ground of entering into marriage of a Pokistani to a foreigner, the following essential conditions may be deductedfrom Rule 4 of the POC Rules;

a, The applicant should be aforeigner;

b. He/she should have validly married to a Pakistani citizen and the marriage should be intua at the time of applying as well as issuance of POC Card;

c. He is a citizen of a country other than India, a state not recognized by Pakistan as well as not a citizen of an enemy country.

The proviso has however provided that Federal Government would have lhe power to relasc the condition of eligibtl@ and allow POC to such a M,Ishaq Shah, (wP#42$-Pr2021) (DB) Eon'ble Mlt ,gtce Syed A6had Alt Hon'ble Mt.tuglce wlqt Ahmod

foreigner who is not otherwise eligible under the Rules. An eligible family member of an eligible foreigner of Pakistan origin, any ofthe spouse, real puents or grundparents; real children or grandchildren of the eligihle foreigner of Pakistan origin moy also apply for grant of POC under Rule 5 of POC Rules, Rule 6 was providing that a percon is only be able lo hold and use POC so issued to him so long so he continues to fulfill the eligibility criteria applicable to him and the moment he looses his eligibility or sat e expires it would not remain valid" Rule 7 of POC Rules aims at providing aform for making applicotion for grant of POC, which has been prescribed to be specitied by the Federal Government from time to time. Same rule was also providing power of the authoriA i,e, NADRA to hsue instructions for the documents, which should accompany the application. "

Further ahead in the concluding part of the iudgment, it was also inter alia held ;

u18. So far as prayer ofpetitioners regarding grant of notionality is concerned, for said purpose they would be at liberty to apply to concetned forum i.e, Govemment of Paklstan through Minhtry of Interior, on the prescribedform andformat, All these writ petitions are partially allowed to the elfect that requiremenl of valid possport with valid visa shall not be considered mandatory in case one of the spouse is Pakistani and another claims to be a foreigner. It is however clarifted that NADRA authorities would be M.Ishaq Shah, (wPu283-PD023) (DB) Hoa'Ue MhJusrlce Syed ANhod Alt ,lon'ble MLJailce tnqu Ahmod

fully competent to ask for further proofs and details and afier satisfying ltself regarding the fact that the person fuUills mandatory eligibility requirements of Rule 4 of POC Rules, and that he or she is actually an Afghan citiaen, having security clearance, the POC shall be issued otherwise the request shall be rejected bfi in writing and such decision shall be conveyed to the applicant at the earliest. Cases of all the petitioners in these connected petitions shall be considered by NADRA and appropriate orders in all these cases shall be made and conveyed to the concerned applicants afier affirding them opportunity of hearings and making up deftciencies if any,"

15.Despite the clarification made and law declared in the case of MslNaureen Masood supra by this court, this class of Afghan Citizens (petitioners in some of the cases) are now being denied to be treated in accordance with the iudgment referred to above for the reason that they had got themselves registered as Afghan Citizens and in their names, POC or ACC had been issued. Due to existence of their DATA in the NADRA DATA Base, as Afghan citizens, their request is not being entertained by the NADRA perhaps due to the reason that their DATA Base cannot allow retention of two conflicting DATAs M.Ishaq Shah, (tvP#128J-P20B) (DB) Eon'bb Mltaitce Sycd Atshsd AA Iton'blz Mt,Jusrte mqat Ah,rtsd

Their requests for cancellation of ACC or pOC had also not been entertained so far by the NADRA authorities. Though this clarification should not have been needed but since grievances have been raised before this court, therefore, for the purpose of removal of doubt, it is once again clarified that Pakistan Origin Card (POC) is supposed to be issued to those persons who are foreign nationals (Afghan nationals in these cases). When such persons approach NADRA for issuance of POC, then NADRA must entertain their request despite the fact that their names have been entered as Afghan citizens or registered, as such NADRA shall entertain their request for issuance of POC on the basis of marriage. It is however incumbent on Pakistani spouses of such persons to update their marital status in NADRA Data Base. Similarly, the Goyernment shall also entertain their request for grant of citizenship by way of naturalization and their cases should be decided in accordance with low, rules and policy. Once government is inclined to grant them Pakistani citizenship, then the stage of renunciation of citizenship of foreign nationality, will come and at that stage they may be M.Ishaq Shah, (wPl42tr-P/2023) (DB) Hon'ble Mt lasdce Syed A$had Alt Hon'ble Mr.taglce Wtqst lhmad

asl(ed to renounce their nationality of Afghanistan. However, non-entertaining their request would be illegal and unjust.

FOURTH CATEOGORY

(Those ACC holders who claim to be Pakistani citizens but entered as Afghan citizens wrongly and ACC cards issued in their names)

16 Sofar as cases ofFourth category are concerned, it comprises ofthose persons who have been registered as Afghan citizens and issued ACC or POR Cmds. Such persons claim to be citizens of Pakistan and their citizenship came under the shadow becaue of issuance of ACC/POR. Their cases moy be treated to be regulated wrder Section 19 of the Pakistan Citizenship Act, 1951 (hereinafier referred to as Citizenship Act). Section 19 of the Pakistan Citizen Act, 1951 is reproduced herein below, for ease of reference;

"19. es ofdoubt as to citizens hin.- (D Where a person with respect to whose cltizenship a doubt exists, whether on a question of law ot foct mukes application in that behalf to the Federal Governmenl, the Federal Government n aY grant hlm a certificate that at the date of the certificate he is a citizen of Paklstan.

(2)The certiftcote, unless il is proved to have been ll,Ishaq Shah, (wPu2$-Pna3) (DB) Hon'ble MiJuste SY.d Atdtod AA Hon'ble Mr,tu e mqa, Ahmqd

obtained by froud false representation or conceolment of any nulerial facl, sholl be conclusive evidence ofthe fact recorded in it.'

t7 Honourable Supreme Court of Pakistan in its unreported order rendered in the case ofSanaulloh ond others Vs of Pakistan others (CP No.6256 of 2021) on 11.3.2024 has also treated the matter in the followingway:- "Brief background of the case is that being considered as Alghan citizens petitioner Nos. I to 4 were granted Afghan Citizenship Card (ACC) in 2017 while Proof of Registration (POR) had been issued to petitioner No.S considering her as an Afghan refugee subsequent to the policy in this regard in lhe year 2006. The case ofthe petitionerc is thot they were issued ACCs and PORI incorrectly as lhey are actually citizens of Pakistan and in this regard instead of approaching the Federal Government under Section 19 of the Pakhtan Citizenship Act, 1951 the pelitioners approached NADRA in terms of the policies issued by NADRA namely, 'SoP/Cancellolion of POR Cards of Genuine Pokistani Nationals and issuance of CNIC' dated 12.7.2017 and 'Cancellalion of Afghan Citizenship Cards' doted

2.According to the learned Additional Attorney General as well as learned counsel for NADRA and SAFRON, the said policies come into effect only afier the Cltizenship Certiticate is M,lshaq Shah, (tvPtl283-P2023) (DB) Ilon'ble Mhlustlct Sycd A$had All Hon' c Aitasle lflqo Ahmad

issued by the Federal Government under the Citizenship Act, 1951. Once the said Certificate is available to a person, he can opproach NADRA under the said policies for the issuance of CNIC. In the present case the petilioners never opprooched the Federal Government for the issuance of Certificale of Registration and instead relied on the aforesaid policies approached NADRA directly. Learned counsel for the respondent NADRA submits that they con do nothing regarding the stalus of the cilizenship until and untll the certfuate of citizenship is issued by the Federal Government. In this background, the petitioners are free to opproach lhe Federal Government regarding the issuance of Certiticate of Citizenship in terms of Section 19 and other enabling provisions of the Citizenship Act, 1951.

3, For the abwe reasons we are nol inclined to interfere in the impugned iudgmenl Leave h, therefore, declined and the petition is dismissed.'

t8 The leave refusing order of Honourable Supreme Court of Pakistan is based on Section 19 of the Citizenship Act (reproduced above). The lemned Assistant Directors NADRA also produced copy of letter dated dh May, 2024 whereby they ha,e withdrann their policy for cancellation of Afghan Citizenship Card. The polrcy for cancellation of PORs hat'e also M.Irtsq Shah (wPu2E3-P2023) (DB) Hon'blcM adc.W At$hd AU Hon'ble IlInJu u Mqu Ahmad

been withdrann. This court had earlier rendered judgnent in the case of W.P.No.2503-P/2023 decided on 26.3.2024, on the basis of interpretation of ACC cancellation policy but since respondents have now withdrawn the policy itself, there re, same judgment cannot be followed to the extent of directing NADRA for entertaining requests for cancellation of Afghan Citizen Cards (ACC) directly. The rules framed under Section 23 of the Citizenship Act also contains mechanism for making application under Section 19 of the Act ibid as well as issuance of requisite certificate. Rule -24 of the Pakistan Citizenship Rules, 1952, being relevant is also reproduced as under:'

"Rule-24. ate of citizenshin in do ubtful cases.

(1)The Federal Government maY on applicolion made to it in that behalf grant a certilicate of citizenship in Form QI' to any person with respect to whose citizenship a doubt exists, whether on a question of law or offact.

(2)An application in this behalf shall be made in Form 'Q' in triplicale and shull be supported by an afltdavit of the truth of the statement made therein.

M.Ishaq Shah (wP#42$-Pn08) (DB) Hon'ble M^lusdce syed A6hsd Afi Eon'ble Mntailce ffiqor Ahmad

v

(3)The certifrcate of citizenship grunted in'Q- I' shall be withdrawn as soon as possible and not lder thon the issue of a certificate of citizenship under any ofthese Rules. It shall be grantedfor one year in the first instance bd may be ertended from lime to time unless withdrawn ond herein provided"

19.(Jnder this Rule, a speciJic format has been provided as "Form-Q" in AppendixJX of the Rules and any person who claims to be Pakistani citizen may apply for grant of the certificate u/s 19 of the Citizenship Act on Form-Q and then dhe is found to be really citizen of Pakistan, requisite certificate is granted to such person as prwided in the shape of 'Q-I', another Appendix to the Rules. Two exceptions hstte, however, been provided by law and those are for female cilizens married toforeigners and offspring ofPakistani parent under 2l years of age both of whom moy hold dual nationalities. As discussed earlier, Section 14 of the Citizenship Act while aiming to restrict holding of dual nationality, has also provided certain exceptions for persons below the age of 2l years and a female citizen of t.rshoq Shah a#l2Er-PnoB) (DB) on'ble Mr.Ju ce SY.d ANhd Afl Hon'ble Mztudle Wlqat Almad

Pakistan who marries a person who has not been a citizen of Pakistan and is citizen of UK, Colonies and those states which have been notified by the Federal Government in the Oficial Gazettes. As held in earlier part of this iudgment, a female Pakistani citizen who marries an Afglwn citizen, can retain dual nationality under sub section 3 of Section 14 of the Citizenship Act, notwithstanding the fact that state of Afghanistan has not been notified under Sub Section 2 of Section 14 of the Citizenship Act. The fact that a female citizen of Pakistan is havrng her name in the Data of ACC holders or POR holders cannot be treated to deprive her from her status as Pakistani Citizen. Blocking of their CNICs for strch reason was, therefore, fornd to be illegal, ultravires, illogical andresultantly declared null and void. Suchfemales need not apply under Section 19 of the Citizenship Act for the sole reason that their name has been reflected as Afghan citizens in the Data of NADRA. All dual nationals can retain their dual nationality and the fact that their entry has been made as Dtal national, as held above, would not cause any doubt in respect of she or he being a Pakistani citizen Ll.lshaq thqh, (wPt12B-Pn0B) (DB)llon'ble r.tus ce SYcd Atshd AA Hon'blc Mltu u Mqo Ahmad

20 fucept the female married Pakistanis and her children below 2l years, those who claims to be pakistani Citizen but their entries have been fficted in NADRA Data base, as Afghan Citizens or registered with them as Afghan refugees i.e. ACC and POR holders, they shall submit an application to the Federal Government under Section 19 of the Citizenship Act. Such applications shall be swiftly processed and final decision in this respect be taken by the Federal Government within a reasonable time. It is also common lmowledge that large number of Pakistanis have already registered themselyes as Afghan Citizens for the purpose of receiving aid rtom the international donors etc., therefore, the Federal Government shall provide such mechanism for dealing with such large number of applications and the applications shall be processed and decided swiftly by realizing that certain citizens of the State are also suffering and their grievances require to be remedied quickly.

2t In light of above discussion, all the petitions are disposed of in terms of the following determinations, M.lshaq Shah (w,Pu2Er-P/2023) (DR) Ilon'ble Mntufrc. Syed Anhd All Hon'ble Mnludlce Wtqq, Ahmod

de c larat ions and ob s e rvat ions : -

I.A Pakistan woman manied to an Afghan notional is held entitled to hold dual nationalities i.e, Pakistan and Afghanistan ond she would be entilled to issuonce of CMC etc despite lssuance of ACC/POR etc in her name(if no doubt is otherwise existing in respect of her citizenship of Pakislon) and the act ofresponden* qua blocking oftheir CMCs for lhe reason of her entry as ACC or POR Card Holder, (for such reason), is declarud os illegal, uhra vires, null andvoid

II. Those percon who are below the age of21 years and born out of o wedlock, one porl of which i,e. husband or wife h a Pokistani ndional, are olso held entltled to retoin dual nationality till ottaining the oge of 21 yeo$, without renunciation of nationality of eilher of the two countries Le. Pakistan and Afghonistan in the cases in hand, The oct of respondenls where they hm'e been refusing entry of the minor and issuing them Form'Boi as well as refusal of CMC for the reason that persons of the above mentioned oge goup have been found in the DATA of ACC or POR cord holders, ore olso declared to be illegal, ultra vires ond resultantly null and void Such percons are held entitled to registrations by the NADRA.

III.Those petitioners who themselves or their spouses are Alghan nationals bttl hoving manied to Pokistani citizen are held entitted 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 monner.

Irr,lshaq thah wPuze,-Pna3) (DB) llon'bk Mr,tudlcc Syed Atshod AA Hoa'ble Mntuglcc mqo, lhmod

IV.Those Pakistani citizens in whose nqnes ACC or pOR cards had been issued and who are not falling in the categories No,l, 2 & 3, they shall apply to the Federal Government under sectlon 19 of the Citizenship Act for issuance of a clearance certiftcile in the prescribed manner(explained above). A femate pakistan citizen married to an Afghan notional and the children born out of the wedlock who are below the age of 2l years, shall, however, be treqted as exceptions to this principle and lhey need not apply to the Federal Government under section 19 of the Citizenship Act,

4JUDGE

E

Dae ofherlng & announcarar, olludgna .., ....,.,...........3 1.5,2024, Dde of prcNtdton aad slgntry oflutlgrn nt,..... 9,7.20A

AJshaq Shah (tvP#42E3-P/2023) (DB) Hon'ble Mllusttce Sled Anhd All Hon'ble Mr.luite lllqat Ahmad