ISLAMABAD: The Islamabad High Court (IHC) sought an explanation from the National Database and Registration Authority (Nadra) regarding the issuance of a Computerized National Identity Card (CNIC) to a man born in Peshawar to Afghan national parents.
A single-member bench of Justice Miangul Hassan Aurangzeb issued a notice to the Nadra in a petition moved by Advocate Umer Gilani on behalf of 24-year-old Fazal Haq, a petitioner. The bench also directed Nadra to depute a well conversant officer to appear before the court in the matter.
The bench said in its order, “After the order of October 20, 2022 was passed by this Court, the NADRA was expected to decide the applicant’s pending grievance in accordance with the law laid down by this Court in Hafiz Hamdullah case”.
Former Chief Justice IHC Athar Minallah on May 19, 2021 in a writ petition No 3748 of 2019 of Hafiz Hamdullah Saboor, termed the decision of the NADRA to block the CNIC of the JUI-F leader Hafiz Hamdullah as illegal and ordered the body to restore it.
Seeking an explanation from NADRA, Justice Miangul Hassan Aurangzeb said in a written order, “Through the instant application, the applicant (Fazal Haq) seeks a direction to NADRA to decide his pending grievance. Issue notice to NADRA with the direction to depute an officer will conversant with the subject matter of the instant petition to tender appearance before this Court and explain as to why a decision has till date not been taken.”
It is important to mention the IHC has already noted in its verdict in Hafiz Hamdullah matter, saying all matters relating to citizenship are dealt with under the Citizenship Act. “The legislature, in its wisdom, has expressly recognized and upheld birthright citizenship as a right. A plain reading of section 4 unambiguously shows that the right is not subject to any condition. Birthright citizenship automatically makes a person who is born in Pakistan a citizen and in this regard the latter does not have to fulfil any prerequisites to become a citizen unlike in the case of other categories such as ‘citizenship by naturalization’ or ‘citizenship by immigration’”.
The IHC also noted that there are about 35 countries across the globe which has incorporated birthright citizenship in their domestic laws and Pakistan is one of them.
Copyright Business Recorder, 2023
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