1. WIQAR AHMAD, J.-Through this single judgment recorded in W.P.No.4283-P/2023 titled Qasim Khan and another Vs. Federation of Pakistan and others, we are going to dispose of various writ petitions wherein somewhat identical questions of law and facts are involved. Brief and relevant facts of each case are also given herein below; 1 W.P.No.4283-P/2023 As per facts narrated in the instant writ petition, petitioner No.1 is father of Petitioner No.2. Petitioner No.1 has been having Pakistani nationality throughout and he has also been 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 under section 5 of the Citizenship Act. With this grievance, petitioner No.2 has prayed for cancellation of his Afghan Citizenship Card and issuance of Computerized National Identity Card (CNIC) in his name. Respondents have stated in the comments that the Federal Government had decided to register all Afghan nationals residing in Pakistan in the year 2017 and for said purpose, they had launched a project in collaboration with Afghan Commissionerate and Government of Afghanistan for registration of un- registered Afghan nationals residing in Pakistan. It is further contended that that during said process of registration, petitioner No.2 had got himself 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 certificate under the Naturalization Act, 1926 and Pakistan Naturalization Rules, 1961 where after his Afghan Citizenship Card could be cancelled W.P.No.6264-P/2023 Petitioner No. 1, namely, Mst. 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 11 children who have also been arrayed as petitioners No.3 to 12 in instant writ petition.
2. Grievances of petitioners in instant case are that when they had approached NADRA authorities for birth registration of petitioners No.3 to 12 (by issuing "Form Bai'), same had been refused to them for the reason hat father of said petitioners had been an Afghan citizen. It was also averred in the writ petition that thereafter, petitioners No.3 to 12 had opted to get Afghan Citizenship Cards for the purpose of their identity and so as to get themselves enrolled in various 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 offspring of a Pakistani lady and therefore denying them registration by issuing `Form Bai' or CNIC, have been illegal, ultra vires and resultantly null and void. Besides, petitioners have also prayed for cancellation of their Afghan Citizenship Cards (ACC).
3. In the comments of respondents No.3 & 4 (NADRA Officers), they have stated that petitioners No.2 to 12 had been Afghan Citizenship Card holders. They have also stated that grant of citizenship was the domain of Federal Government and therefore petitioners should approach Ministry of Interior, Government of 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 that CNIC are issued by NADRA on acquiring naturalization certificate of Pakistani citizenship under Section 3 of Naturalization Act 1926. It is also stated that the children born to Pakistani national mother and foreign national father after 18.04.2000, were Pakistani citizens under Section 5 of Pakistan Citizenship Act 1951.
4. W.P.No.4 773 -P12023 In this petition, petitioners are claiming to be Pakistani nationals on the strength of old MNICs of their forefathers. It is averred in the petition that subsequently, due to illiteracy, 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.
5. W.P.No.4916 -P12023 In this petition, petitioner No.1 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 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.
6. W.P.No.4923-P/2023 In this petition, both petitioners (Sister and brother inter se) are claiming to be children of one Farooq Ahmad who was statedly a bonafide Pakistani national. It is averred in the petition that respondents have refused issuance of CNIC to petitioner No.1 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.1 and her children.
7. W.P.No.5051-P/2023 In this petition, petitioners have averred that their CNICs have been blocked 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.1 & 2 have been cleared while CNICs of petitioners No.3 to 11 have been digitally impounded because petitioner No.9 has registered herself as Afghan Refugee and had also been issued POR card.
8. W.P.No.5087-P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national 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.1. Petitioner No.1 along with her children (petitioners No. i to vii) are seeking directions from this Court to NADRA authorities for issuance of CNIC to petitioner No.1 and her children.
9. W.P.No.5381-P/2023 In this petition, petitioners No.1 to 5 (brothers inter se) have averred that they have been Pakistani national on the strength 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 from 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/PORs.
10. W.P.No.5394-P/2023 Petitioner No.1, namely Muhammad Ilyas Khan 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.1 had been issued Afghan Citizen Cards/Afghan Registration Cards/POR etc. As per comments furnished by respondents (NADRA), CNIC of petitioner No.1 was digitally impounded in alien and intruder category on the complaint of Mst.Zara Bibi, therefore, petitioners were segregated from her family and were digitally impounded and petitioners were required to appear before the DLC. Now petitioners are seeking directions from this Court to NADRA authorities for unblocking/renewal/issuance of CNICs in their favour.
11. W.P.No.5531-P/2023 In this petition, petitioner No.1 (a Pakistani national) married one Shah Muhammad ( also a Pakistani national) who died in the year 2006, leaving behind six orphans (petitioners No.2 to 8). It is averred in the petition that due to poverty, she had applied for issuance of POR in order to get financial aid from the United Nations given to Afghan refugees and after issuance of FOR, her CNIC had been blocked. Now she is seeking directions from this Court to NADRA authorities for unblocking/renewal/issuance of CNICs to petitioner No.1 and her children (petitioners No.2 to 8) as well as cancellation of FOR.
12. W.P.No.5646-P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national, namely Niaz Ali and out of their wedlock 9 children have born (petitioners No.2 to 10). Due to marriage with an Afghan national, petitioner No.) 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.
13. W.P.No.5989-P/2023 In this petition, petitioner No.1 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.1 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.
14. W.P.No.6023-P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national, namely Wall Muhammad and out of their wedlock 5 children have born (petitioners No.2 to 6).
15. Due to marriage with an Afghan national, petitioner No.1 along with her children (petitioners 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 Afghan Citizen Cards.
16. W.P.No.6229 -P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national, namely Samad and out of their wedlock 6 children have born (petitioners No.2 to 7). Due to marriage with an Afghan national, petitioner No.1 along with her children (petitioners No.2 to 7) 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.
17. W.P.No.6234 -P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national, namely Meer Ali and out of their wedlock 10 children have born (petitioners No.2 to 11). Due to marriage with an Afghan national, petitioner No.1 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.
18. W.P.No.6235 -P/2023 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock 9 children have born (petitioners No.2 to 10). Due to marriage with an Afghan national, petitioner No.1 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. Perusal of record further reveals that petitioner had earlier filed W.P.No.3844-P/2022 which was disposed of by this court on 9.5.2023 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 paid fee 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 Regional Verification Board but she had failed to appear.
19. W.P.No.6260-13/2023 In this petition, petitioner No.1 and 2 (brothers inter se) have been Pakistani nationals who had also been issued CNICs(annexed with petition) but now their CNICs have been blocked because mother of petitioner No.2 had married an Afghan 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.
20. W.P.No.6268-P/2023 In this petition, petitioner is claiming to be Pakistani national on the strength of MNICs issued to his parents. He has been denied issuance of CNIC as he was issued Afghan Proof of Registration card.
21. Now he is seeking directions from this Court to NADRA authorities for issuance of CNIC to him as well as cancellation of his Afghan Proof of Registration Card.
22. W.P.No.6269-P/2023 In this petition, petitioners are claiming to be Pakistani nationals but their CNICs have been blocked due to issuance of Afghan Citizen Cards etc. In support of their stance qua Pakistani nationality, they have annexed copies of MNICs/CNICs of their parents and other close relatives. Now they are seeking directions from this Court to NADRA authorities for issuance/unblocking of their CNICs as well as cancellation of their Afghan Citizen Cards.
23. W.P.No.6317-P/2023 In this petition, petitioners are claiming 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.
24. W.P.No.23-P/2024 In this petition, petitioner's CNIC has been blocked by the respondents due to issuance of FOR card in her favour. It is averred in the petition that she appeared before the DLC for unblocking of her CNIC but all her efforts proved futile. Now she is seeking directions from this Court to NADRA authorities for issuance/unblocking of her CNICs.
25. W.P.No.637-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock, 5 children have born (petitioners No.2 to b). Due to marriage with an Afghan national, petitioner No.1 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.
26. W.P.No. 704-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock, 5 children have born (petitioners No.2 to 6). Due to her marriage with an Afghan national, petitioner No.1 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.
27. W.P.No.1225-P/2024 In this petition, petitioner No.1 is a Pakistani national whose daughter, namely Mst. Masooma Bibi (petitioner No.2) had married an Afghan national and due to this fact, 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 as well as cancellation of her Afghan Citizen Card W.P.No.1235-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married a Pakistani national and out of their wedlock, 10 children have born (petitioners No.2 to 11). Not only spouses but some of their siblings (petitioners No.2 to 11) had been issued 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.
28. W.P.No.1331-P/2024 In this petition, petitioner No.1 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.1 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.
29. W.P.No.1484-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married petitioner No.2. Out of their wedlock, petitioners No.3 to 8 have born. Petitioner No.1 has been issued CNIC as well as Pakistani Passport (attached with petition) but issuance of CNIC to petitioners No.2 to 8 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.
30. W.P.No.1491-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.3 & 4 have born. Due to said wedlock, petitioner No.1 was also issued Afghan 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. 1/Form-B to petitioners No.3 & 4 as well as cancellation of their Afghan Citizen Cards.
31. W.P.No.1495-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.3 to 10 have born. Due to this wedlock, petitioner No.1 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. 1 and her siblings (petitioners No.3 to 10) as well as cancellation of their Afghan Citizen Cards. W.P.No.1497-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married petitioner No.2 (an Afghan national) and out of their wedlock, petitioners No.3 to 11 have born. Due to this wedlock, petitioner No.1 as well as her siblings (petitioners No.3 to 11) had been issued Afghan Citizen Cards. Now petitioners are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioner No. 1 and her siblings (petitioners No.3 to 11) as well as cancellation of their Afghan Citizen Cards.
32. W.P.No. 15 53-P/2024 In this petition, petitioner No.1 is a Pakistani national whereas petitioners No.2 to 12 are her children who have been issued Afghan Citizen Cards. Now she is seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioner No. 2 to 12 being children of Pakistani national(petitioner No.1) as well as cancellation of their Afghan Citizen Cards.
33. W.P.No.1584-P/2024 In this petition, petitioners No.1 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 (MNICs) 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.
34. W.P.No.1676-P/2024 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. It is averred in the petition that she appeared before the Verification Board of NADRA for the issuance of CNIC to her but in vain. She is seeking directions from this Court to NADRA authorities for issuance of CNIC to her as well as cancellation of her Afghan Citizen Cards.
35. W.P.No. 1 764-P/2024 In this petition, petitioner No.1 is a Pakistani national who had married a Pakistani national, namely, Qadar Khan (now dead) and out of their wedlock, petitioners No.2 to 9 have 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 are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards.
36. W.P.No. 1 872-13/2024 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 their Afghan Citizen Cards.
37. W.P.No.1934-P/2024 In this petition, petitioners No.1 is mother of petitioners No.2 to 11. It is averred in the petition that due to marriage of petitioner No.1 with Afghan national, they have been issued Afghan Citizen Cards.
38. 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.
39. W.P.No.1939-P/2024 In this petition, petitioners No.1 is mother of petitioners No.2 to 4. It is averred in the petition that due to marriage of petitioner No.1 with Afghan national, they had been issued Afghan Proof of Registration 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.
40. W.P.No.1942-P/2024 In this petition, petitioners No.1 is mother of petitioners No.2 to 9. It is averred in the petition that due to marriage of petitioner No.1 with Afghan national, they had been issued Afghan Proof of Registration 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.
41. W.P.No.1972-P/2024 In this petition, petitioners No.1 is mother of petitioners No.2 to 8. It is averred in the petition that due to marriage of petitioner No.1 with Afghan national, they had been issued Afghan Proof of Registration 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.
42. W.P.No.1974-P/2024 In this petition, petitioners No.1 is mother of petitioners No.2, 3, 4, 5, 6 and 7 while rest of the petitioners are children of petitioners No.2 and 3. It is averred in the petition that they have been Pakistani nationals and in support of their stance, they have annexed MNIC of husband of petitioner No.1 but for the sake of getting financial aid, they 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 Cards/Afghan Citizen Cards.
43. W.P.No.1990-1312024 In this petition, petitioners No.1 & 2 are spouses inter se while petitioners No. 3 to 11 are their children.
44. It is averred in the petition that they have been Pakistani nationals and in support of their stance, they have annexed MNIC of father of petitioner No.1 but for the sake of getting financial aid from foreign donors, they had been issued Afghan Proof of Registration Cards/Afghan Citizen Cards.
45. 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/Afghan Citizen Cards.
46. W.P.No.1993-11/2024 In this petition, petitioner No.1 is Afghani national who had married a Pakistani national, namely, Samar Rehman (now dead) and out of their wedlock, petitioners No.2 to 4 have born. In support of this stance, they have annexed copies of CNIC, domicile and death certificate of deceased Saif ur Rehman. It is averred 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 issuance of CNICs to them as well as cancellation of their Afghan Citizen Cards.
47. W.P.No.1996-P/2024 In this case, petitioners No.1 & 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 10 have born. It is averred in the petition that in order to get financial aid from foreign 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 Citizen Cards/Afghan Proof of Registration Cards.
48. W.P.No.2107 -P/2024 In this petition, petitioner No.1 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. It is averred in the petition that in order to get financial aid from foreign donors, petitioners had been issued Afghan Citizen Cards.
49. Now they are seeking directions from this Court to NADRA authorities for issuance of CNICs/Form-B to them as well as cancellation of their Afghan Citizen Cards.
50. W.P.No.2134-P/2024 In this petition, petitioner No.1 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 certificates of petitioners No.1 & 2. It 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.
51. W.P.No.2135 -13/2024 In this petition, petitioner No.1 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 MN1Cs as well as CNICs of petitioners No.3 to 8 . It is averred in the petition that in order to get financial aid from foreign donors, petitioners had been issued Afghan Proof of Registration Cards as well as 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/Afghan Proof of Registration Cards.
52. W.P.No.2136-P/2024 In this case, petitioner No.1 is a Pakistani national who had married petitioner No.2 and out of their wedlock, petitioners No.3 to 12 have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioners No.3 to 12 (children of petitioner No.1) and cancellation of their Afghan Citizen Cards.
53. W.P.No.2177-P/2024 In this case, petitioner has averred that his parents are Pakistani National who have been issued CNICs but when he approached the respondents for issuance of CNIC in his favour, they have refused to issue same to him. He is seeking directions from this Court to NADRA authorities for issuance of CNIC to him.
54. W.P.No.2184-P/2024 In this petition, petitioners have averred that they have been Pakistani nationals on the strength of old record (MNICs) but later on they had registered themselves as Afghan Refugees and were issued Afghan Citizen Cards(ACC).They are seeking directions from this Court to NADRA authorities for issuance of CNICs to them as well as cancellation of their ACC.
55. W.P.No.2302-P/2024 In this case, petitioner No.1 is Afghan national who had married a Pakistani national and out of their wedlock, petitioners No.2 to 9 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.
56. W.P.No.2304-P/2024 In this case, petitioners have averred that they have been Pakistani nationals on the strength of old record i.e. MNICs issued to their fathers and grand-fathers but mistakenly they had also been issued 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 Citizen Cards/PORs.
57. W.P.No.2313-P/2024 In this case, petitioner No.1 is a Pakistani national who had married petitioner No.2 and out of their wedlock, petitioners No.3 to 9 have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioners No.1 and her children (petitioners No.3 to 9) as well as cancellation of their Afghan Citizen Cards.
58. W.P.No.2314-P/2024 In this case, petitioners have averred that they have been Pakistani nationals on the strength of old record i.e. MNICs issued to their father and grand-fathers but mistakenly 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 Citizen Cards/PORs.
59. W.P.No.2318-P/2024 In this case, petitioners No.1 & 2 (spouses inter se) are claiming to be Pakistani nationals on the basis of old MNICs and out of their wedlock petitioners No.3 to 8 have born. It is averred in 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.
60. W.P.No.2320-P/2024 In this case, petitioner No.1 is a Pakistani national who has married an Afghan national and on the strength of her marriage with Afghan 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 issuance of CNIC to her as well as holding her entitled to retain Afghan Citizen Card in terms of Section 14 of the Pakistan Citizenship Act.
61. W.P.No.2322-P/2024 In this case, petitioners No.1 & 2 (spouses inter se) are claiming to be Pakistani nationals on the basis of old MNICs. Out of their wedlock petitioners No.3 to 7 have 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.
62. W.P.No.2323-P/2024 In this case, petitioners No.1, 2, 3, 4 & 5 are brothers inter se who claim to be Pakistani nationals on the strength of old MNICs. It is averred in the petition that subsequently, due to 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 Afghan Citizen Cards/PORs.
63. W.P.No.2327-P/2024 In this case, petitioner No.1 is a Pakistani national who had married petitioner No.2 and out of their wedlock, petitioners No.3 to 10 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.
64. W.P.IVo.2329-P/2024 In this case, petitioner No.1 is a Pakistani national who had married 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.
65. W.P.No.2330-P/2024 In this case, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock, petitioners No.2 to 7 have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioners No.2 to 7.
66. W.P.No.2341-P/2024 In this case, petitioner No.1 is a Pakistani national who had married petitioner No.2 (an Afghan National) and out of their wedlock, petitioners No.3 to 12 have born. They are seeking directions from this Court to NADRA authorities for issuance of CNICs to petitioners No.3 to 12 as well as issuance of Pakistan Origin Card (POC) to petitioner No.2 as well as cancellation of their Afghan Citizen Cards.
67. W.P.No.2363-P/2024 In this case, petitioner No.1 is a Pakistani national who had married an Afghan national and out of their wedlock, 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.
68. W.P.No.2364-P/2024 In this petition, petitioner No.1 is a Pakistani national 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 narrations of facts above, all these connected cases may be categorized as follows: - (i). First Category 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 Citizenship Card or Proof of Registration Card have been issues (ii). Second Category Those citizens of Pakistan who holds an ACC and claim themselves entitled to retain both nationalities i.e. dual citizenship;
(iii) 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 marriage with Pakistani citizens (Pakistani citizens who holds CNICs and in whose names ACC have not been issued).
(iv) Fourth Category Those ACC holders who claim to be Pakistani citizens but entered as Afghan citizens wrongly and ACC cards issued in their names.
69. Now we take up each category for discussion.
70. FIRST AND SECOND CATEGORIES I). 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 Citizenship Card or Proof of Registration Card issued.
71. 2) Those citizens of Pakistan who holds an ACC and claim themselves entitled to retain both nationalities i.e. dual citizenship.
72. The issues raised in the above categories (Category No.1 & 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 in both the nationalities (dual nationality). Here our laws also recognize dual nationality for such children till age of 21 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 married to foreigners , inter alia, in the following words: - "14. 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.
73. (L4). 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."
6. Sub-Section-IA of Section 14 of the Citizenship Act has expressly provided that restriction on holding dual nationality would not apply in case of persons below the age of 21 years. Sub Section- 3 was providing for cases of those persons who are citizens of United Kingdom or Colonies and such other countries, the Federal government has by notification in the official Gazette specified and in cases of such persons, restriction of dual nationality as contained in Sub section-1 of Section 14 would not apply. It is clear that Afghanistan has not yet been notified by the Federal Government under Sub-Section3 of Section 14 of the Citizenship Act but cases of those persons who fall in Sub Section IA, Sub Section-2 and Sub Section 4 of Section 14 of the Citizenship Act stand on different footings and their cases have been excluded from operation of sub-section-1 of section-14 of the Citizenship Act ipso-facto whether or not the state to which they belong had been notified by the Federal Government under Sub Section 3 of Section 14 of the Citizenship Act. All the sub-sections i.e. 1A, 2, 3 and 4 have been aiming to provide different 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 21 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 names had been found in the DATA of ACC holders or POR holders. It is also important to be noted here that not only the persons below age of 21 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 Citizenship Act. Similarly, 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: - "14-A. Renunciation of citizenship.--
(1) . If any citizen of Pakistan residing outside Pakistan, who is not a minor and:
(a) is also a citizen or national of another country, or
(b) has been given by the competent authority of another country any valid document assuring him of the grant of the citizenship or nationality of that other country upon renouncing his citizenship of Pakistan; makes in the prescribed manner a declaration renouncing his citizenship of Pakistan, the declaration shall be registered by the prescribed authority; and upon such registration that person shall cease to be a citizen of Pakistan: Provided that, if any such declaration is made during any war in which Pakistan may be engaged, registration thereof shall be withheld until the Federal Government otherwise directs".
7. The cases of those minors who have been bor out of wedlock where one of the spouses is a Pakistan 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 minor children as well as cases of those females who are Pakistani citizens but registered as ACC or POR holders cannot be equated to renunciation of citizenship. They have never made an express request for renunciation of citizenship in the prescribed manner but beside that, such request could not have been entertained even if made on their behalf. Similarly, no order could be brought to the notice of this court that such classes of minors 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 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 blocked for the reason that names of such persons has been found in the DATA of Afghan Citizenship or they have been found 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 issuance of Form-B, notwithstanding the fact that they have been entered as ACC or POR holders.
9. The act of NADRA whereby CNICs of female itizens of Pakistan had been blocked for the reason that their names have been reflected in the ACC holders and POR holders and similarly those persons who are less than 21 years of age, for the very reasons mentioned above, are found by us to be in violation of law on the subject, particularly, Section 14, Section 14A and Section 16 of the Citizenship Act. Similarly, the act of entry of their names 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 after 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 children who have been born to Pakistani parents but whose birth took place outside the country and they were not registered in Pakistani Consulate or Mission in that country or where such 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 Pakistan which is not relevant in our present discourse. So far as birth of a minor outside Pakistan is concerned, in this respect registration of such a minor can only be declined when there is affirmative evidence that the minor had born outside boundaries of Pakistan. In absence thereof parents and children living in Pakistan can legitimately be presumed to have been born in Pakistan.
11. It also requires elucidation here that the word "parent" used in Section 5 of the Citizenship Act, 1951 was substituted for the word "father" through Ordinance No.XIII 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 effect 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 citizen, while after 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 MOl or learned Deputy Attorney General at the bar. It is true 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 differentiating between 'father" and "mother" on the basis of sex and same was therefore, violative of the Fundamental Rights against discrimination (on the basis of sex) enshrined in Article 25 of the Constitution of Pakistan.
74. 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 far as its retrospective operation is concerned Curative legislation may be described as a law 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 of curative legislation may be summarized as under :- a. Cure defect or irregularity in the original law; b. validate action taken under the defective law; c. provide relief to an individual affected by defective legislation. d. claribi ambiguity or uncertainty in the original law.
75. Curative legislation is often used to address issues of technical errors in enactments, procedural mistakes or omissions, unconstitutional provisions, ambiguities or uncertainties. By passing curative legislation, a legislature can effectively cure the defects and ensure that the original intention of the law is upheld without disrupting stability of the legal system.
76. In the case of Cellular Operators Association of India and others vs Telecom Regulatory Authority of India and others, reported as AIR -- 2016 -- Supreme Court -- 2336, Honourable Supreme Court of India had declared Telecom Regulatory Authority Act 1997 of India as certain provisions of it had been found undermining the judicial 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 were modified so as to bring it in line with constitution of India.
12. Curative legislation and remedial statute have mostly been having similar purposes but still there are some features of differentiation. Curative legislation is normally enacted to cure a defect in the existing law 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 future problems or improve existing legal framework. It is also true that curative statutes are normally intended to be legislated with retrospective effect and it carries such an effect by necessary implications even if not supplied in express words. A remedial statute, on the other hand, normally acts prospectively to prevent future problems or further improve an existing legal regime. But consensus of the authorities on the subject as well as the courts 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 any of the existing rights or provide for a new or additional penalty, then it would not be given retrospective effect. Crawford in his treatise of "Statutory Construction" has expressed the following opinion regarding retrospective effect of remedial statute; "282. Remedial statutes.--Even remedial statutes may be subject to the principles hereinto force discussed, opposing any construction which will give the enactment retrospective operation.
77. Yet, since remedial statutes are usually looked upon with favour by the Courts, they should be liberally construed. But there appears to be considerable confusion in the cases with reference to giving remedial Acts retrospective effect through construction. If the rule of liberal 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 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."
78. While partly relying on said opinion, Honourable Supreme Court of Pakistan had also upheld the decision of the Honourable Sindh High Court in its judgment rendered in the case of "Commissioner of Income Tax Vs Shahnawaz Ltd. And others reported 1993 SC MR -- 73, by observing as follows; "However, nothing has been adduced before us in support of the last mentioned submission. As explained in Crawford's "Statutory Construction" 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 "designed 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." 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."
79. Similarly, honourable Supreme Court of Pakistan while giving its judgment in the case of Pervaiz Hussain Shah and others Vs Secretary to Government of Punjab Food Department Lahore and another reported as 2024 PLC ( C.S.) -- 344 has inter alia held that curative legislation were normally retroactive unless provided otherwise through express language or necessary implications. Relevant observations of the Honourable Supreme Court are reproduced herein for ready reference:- " A bare perusal of the Amended Act shows that it was curative in nature, further evidenced by its preamble." A curative act is generally passed to provide some correction or omission made in the existing statute." Furthermore, acts of this character are obviously retroactive, and hence entitled, as general rule, to retrospective operation." In Rajby Industries21 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 find 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 substance, it corrects or modifies an existing law or an error that interferes with interpreting or applying the statute. For sure, its scope is clarificatory 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 legislation can be gauged and measured from the plain language and intention of legislature. It is by and large passed to supply a conspicuous omission or to elucidate misgivings as to the meaning of the previous law."
80. The Amended Act's provision of a timeframe with regards to a major penalty of withholding pension, in our view is intended to clear up the ambiguity, vis-a-vis as to how long can pension be withheld as a penalty, in the pre-amended PEEDA, and thus qualifies the test laid down by this court of being retrospective in nature.
81. Honourable Supreme Court of Pakistan had also given retrospective effect to the Act when same had been found to be curative in nature.
13. Coming 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 18.4.2000. In same respect, it can be deemed to be having a retrospective effect. The Amending Act was having no other purpose then to remedy the defect in the law as same 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 otherwisLbe allowed. There can hardly be two opinions about the principle that all ordinary laws of the State should confirm to the dictates of the Constitution and while interpreting laws, the courts of law should also keep in mind said principle of constitutional superiority.
82. 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 marriage with Pakistani citizens.
14. This category is comprising of those persons 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 way of naturalization on the basis of marriage with Pakistani citizens. This court while giving its judgment in the case of Mst. Naureen Masood etc Vs, Government of Pakistan through Secretary, Ministry of Interior, Islamabad etc(W.P.No.2469-P/2022), decided on 1st December, 2023, has already held in respect of such class of persons; "7. Perusal of record reveals that a number of prayers have been made in connected writ petitions but first we would like to discuss issuance of Pakistan Origin Cards (POC). Section 11 of the NADRA Ordinance was providing for issuance of POC in the following words: "11. Pakistan Origin Cards. The authority shall issue or renew or cause to be issued or renewed in the prescribed manner and on prescribed criteria, terms and conditions, cards to such prescribed class of foreigners and such prescribed class of citizens with dual nationality who have got themselves registered in the prescribed manner, in such form 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 registration therefor in the prescribed form. "
8. Government of Pakistan has also framed rules under Section 44 of the NADRA Ordinance which are called as the National Database and Registration Authority (Pakistan origin Card)
83. Rules 2002 (hereinafter referred to as POC Rules). For the purpose of instant case where POC are being claimed by foreign nationals on the basis of marriage with Pakistani citizens, the eligibility provided in Rule 4 is relevant. For sake of reference Parts of sub rule 1 & rule 5 of Rule 4 of POC Rules are reproduced hereunder for ready reference:- "4. Eligible foreigner of Pakistan origin:
(1) A person shall be an eligible foreigner of Pakistan origin if (a)
84. (b)
85. Provided that he :
(i) to (vii)
(2) and (3)
86. (4).Eligible foreigner of Pakistan Origin.
87. (5)
9. For the purpose of claiming POC Cards on the ground of entering into marriage of a Pakistani to a foreigner, the following essential conditions may be deducted from Rule 4 of the POC Rules; a. The applicant should be a foreigner; b. He/she should have validly married to a Pakistani citizen and the marriage should be intact 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.
88. The proviso has however provided that Federal Government would have the power to relax the condition of eligibility and allow POC to such a foreigner who is not otherwise eligible under the Rules. An eligible family member of an eligible foreigner of Pakistan origin, any of the spouse, real parents or grandparents; real children or grandchildren of the eligible foreigner of Pakistan origin may also apply for grant of POC under Rule 5 of POC Rules. Rule 6 was providing that a person is only be able to 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 same expires it would not remain valid, Rule 7 of POC Rules aims at providing a form for making application for grant of POC, which has been prescribed to be specified by the Federal Government from time to time. Same rule was also providing power of the authority i.e, NADRA to issue instructions for the documents, which should accompany the application."
89. Further ahead in the concluding part of the judgment, it was also inter alia held ; "18. So far as prayer of petitioners regarding grant of nationality is concerned, for said purpose they would be at liberty to apply to concerned forum Le, Government of Pakistan through Ministry of Interior, on the prescribed form and format. All these writ petitions are partially allowed to the effect that requirement of valid passport 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 clarified that NADRA authorities would be fully competent to ask for further proofs and details and after satisfying itself regarding the fact that the person fulfills mandatory eligibility requirements of Rule 4 of POC Rules, and that he or she is actually an Afghan citizen, having security clearance, the POC shall be issued otherwise the request shall be rejected but 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 after affording them opportunity of hearings and making up deficiencies if any."
15. Despite the clarification made and law declared in the case of Mst. Naureen 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 judgment 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.
90. 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 Government shall also entertain their request for grant of citizenship by way of naturalization and their cases should be decided in accordance with law, 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 asked to renounce their nationality of Afghanistan. However, non-entertaining their request would be illegal and unjust.
91. 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. So far as cases of Fourth category are concerned, it comprises of those persons who have been registered as Afghan citizens and issued ACC or POR Cards. Such persons claim to be citizens of Pakistan and their citizenship came under the shadow because of issuance of ACC/POR. Their cases may be treated to be regulated under Section 19 of the Pakistan Citizenship Act, 1951 (hereinafter referred to as Citizenship Act). Section 19 of the Pakistan Citizen Act, 1951 is reproduced herein below, for ease of reference; "19. 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 Federal Government, the Federal 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."
17. Honourable Supreme Court of Pakistan in its unreported order rendered in the case of Sanaullah and others Vs Federation of Pakistan and others (CP No.6256 of 2021) on 11.3.2024 has also treated the matter in the following way:- "Brief background of the case is that being considered as Afghan citizens petitioner Nos. 1 to 4 were granted Afghan Citizenship Card (ACC) in 2017 while Proof of Registration (FOR) had been issued to petitioner No.5 considering her as an Afghan refugee subsequent to the policy in this regard in the year 2006. The case of the petitioners is that they were issued ACCs and PORs incorrectly as they are actually citizens of Pakistan and in this regard instead of approaching the Federal Government under Section 19 of the Pakistan Citizenship Act, 1951 the petitioners approached NADRA in terms of the policies issued by NADRA namely, `SOP/Cancellation of POR Cards of Genuine Pakistani Nationals and issuance of CNIC' dated 12.7.2017 and `Cancellation of Afghan Citizenship Cards' dated 17.8.2023.
2. According to the learned Additional Attorney General as well as learned counsel for NADRA and SAFRON, the said policies come into effect only after the Citizenship Certificate is issued by the Federal Government under the Citizenship Act, 1951. Once the said Certificate is available to a person, he can approach NADRA under the said policies for the issuance of CNIC. In the present case the petitioners never approached the Federal Government for the issuance of Certificate of Registration and instead relied on the aforesaid policies approached NADRA directly. Learned counsel for the respondent NADRA submits that they can do nothing regarding the status of the citizenship until and until the certificate of citizenship is issued by the Federal Government. In this background, the petitioners are free to approach the Federal Government regarding the issuance of Certificate of Citizenship in terms of Section 19 and other enabling provisions of the Citizenship Act, 1951.
3. For the above reasons we are not inclined to interfere in the impugned judgment Leave is, therefore, declined and the petition is dismissed."
18. The leave refusing order of Honourable Supreme Court of Pakistan is based on Section 19 of the Citizenship Act (reproduced above). The learned Assistant Directors NADRA also produced copy of letter dated 6Th May, 2024 whereby they have withdrawn their policy for cancellation of Afghan Citizenship Card. The policy for cancellation of PORs have also been withdrawn. This court had earlier rendered judgment 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, therefore, 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. Certificate of citizenship in doubtful cases.
(1) The Federal Government may an application made to it in that behalf grant a certificate of citizenship in Form Q-I' to any person with respect to whose citizenship a doubt exists, whether on a question of law or of fact.
(2) An application in this behalf shall be made in Form 'Q' in triplicate and shall be supported by an affidavit of the truth of the statement made therein.
(3) The certificate of citizenship granted in `Q- I' shall be withdrawn as soon as possible and not later than the issue of a certificate of citizenship under any of these Rules. It shall be granted for one year in the first instance but may be extended from time to time unless withdrawn and herein provider"
19. Under this Rule, a specific format has been provided as "Form-Q" in Appendix-IX 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 if he is found to be really citizen of Pakistan, requisite certificate is granted to such person as provided in the shape of `Q-I', another Appendix to the Rules. Two exceptions have, however, been provided by law and those are for female citizens married to foreigners and offspring of Pakistani parent under 21 years of age both of whom may 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 21 years and a female citizen of 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 not by the Federal Government in the Official Gazettes. As held in earlier part of this judgment, a female Pakistani citizen who marries an Afghan 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 having 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 such reason was, therefore, found to be illegal, ultra vires, illogical and resultantly declared null and void. Such females 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 Dual national, as held above, would not cause any doubt in respect of she or he being a Pakistani citizen.
20. Except the female married Pakistanis and her children below 21 years, those who claims to be Pakistani Citizen but their entries have been affected 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 knowledge that large number of Pakistanis have already registered themselves as Afghan Citizens for the purpose of receiving aid from 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.
21. In light of above discussion, all the petitions are disposed of in terms of the following determinations, declarations and observations:- IA Pakistan woman married to an Afghan national is held entitled to hold dual nationalities i.e. Pakistan and Afghanistan and she would be entitled to issuance of CIVIC etc despite issuance of ACC/POR etc in her name(if no doubt is otherwise existing in respect of her citizenship of Pakistan) and the act of respondents qua blocking of their CNICs for the reason of her entry as ACC or POR Card Holder, (for such reason), is declared as illegal, ultra vires, null and void II Those person who are below the age of 21 years and born out of a wedlock, one part of which i.e. husband or wife is a Pakistani national, are also held entitled to retain dual nationality till attaining the age of 21 years, without renunciation of nationality of either of the two countries i.e. Pakistan and Afghanistan in the cases in hand. The act of respondents where they have been refusing entry of the minor and issuing them Form-Bai as well as refusal of CMC for the reason that persons of the above mentioned age group have been found in the DATA of ACC or POR card holders, are also declared to be illegal, ultra vires and resultantly null and void Such persons are held entitled to registrations by the NADRA.
92. III. Those petitioners who themselves or their spouses are Afghan nationals but having married to Pakistani citizen are held entitled to issuance of POC. They are also held entitled to apply for grant of citizenship by way of naturalization to the Federal Government in the prescribed manner.
93. IV. Those Pakistani citizens in whose names ACC or POR cards had been issued and who are not falling in the categories No.1, 2 & 3, they shall apply to the Federal Government under section 19 of the Citizenship Act for issuance of a clearance certificate in the prescribed manner (explained above). A female Pakistan citizen married to an Afghan national and the children born out of the wedlock who are below the age of 21 years, shall, however, be treated as exceptions to this principle and they need not apply to the Federal Government under section 19 of the Citizenship Act.