Summary: (a) National Database and Registration Authority Ordinance, 2000 ----S. 18—Computerized National Identity Cards (CNICs)—Impounding of CNICs—Scope—Authority of NADRA—Held, NADRA is vested with power under S.18 of the NADRA Ordinance, 2000 to impound, cancel, or confiscate CNICs obtained through misrepresentation, fraud, or concealment of material facts—Petitioners’ CNICs were digitally impounded in the “confirmed alien” category after verification revealed that their brothers, one a registered Afghan refugee holding a POR card and the other having voluntarily surrendered his CNIC during the amnesty scheme, were non-nationals—The authority’s action was lawful and within jurisdiction. (b) Citizenship—Determination of nationality—Held, the right of citizenship must first be adjudicated under the Pakistan Citizenship Act, 1951—Only after determination that a person is a Pakistani citizen can NADRA be directed to issue or restore CNIC—Where the issue of nationality is disputed, affected persons must approach the Federal Government or the competent forum constituted under notification dated 19-04-2017 to produce pre-1979 documentary evidence in support of their claim. (c) Constitutional jurisdiction—Writ petition—Alternate remedy—Where factual controversy exists regarding nationality and CNIC issuance, and proceedings are pending before the District Level Committee constituted by the Federal Government, direct invocation of constitutional jurisdiction is not maintainable—Petitioners relegated to alternate remedy before said forum. (g) Disposition— Writ petition disposed of; petitioners directed to produce documents prior to 1979 before the Federal Government under the Pakistan Citizenship Act, 1951 for determination of their citizenship status; NADRA to act thereafter in accordance with law.

Summary: (a) Constitution of Pakistan ----Arts. 4, 9, 25, 35 & 199 --- Fundamental rights—Right to equality and family life—Issuance of Pakistan Origin Card (POC)—Scope—Petitioner, a Pakistani national, sought direction for issuance of POC to her foreign husband (Swiss citizen of Afghan origin)—Held, issuance of POC is not an absolute right but a conditional privilege subject to prescribed eligibility and security clearance—Where competent security agency declines clearance, NADRA has no authority to override such assessment—Court cannot interfere in executive decision based on national security considerations absent mala fides or lack of jurisdiction—No violation of fundamental rights established. (b) National Database and Registration Authority Ordinance, 2000 (VIII of 2000) ----Ss. 10 & 11—Issuance of Pakistan Origin Card—Conditions—Section 11 authorizes NADRA to issue POCs to prescribed classes of foreigners subject to fulfillment of criteria, terms, and security clearance—Authority lawfully refused POC when clearance was denied by security agency—NADRA acted within jurisdiction. (c) Pakistan Origin Card Rules, 2002 ----R. 13—Refusal of registration—Scope—Authority may refuse registration or issuance of POC if, in its opinion, such issuance is prejudicial to the sovereignty, integrity, security, or defense of Pakistan, or against public interest—Rule 13 validly invoked where security agency withheld clearance of applicant—Refusal neither arbitrary nor discriminatory. (d) Case law distinguished ----Regional Manager NADRA Hayatabad Peshawar v. Mst. Hajira (2024 SCMR 197) and Mst. Amina v. Federation of Pakistan (PLD 2024 Peshawar 87) Cited precedents inapplicable since those matters involved no adverse security clearance—Current refusal based solely on non-clearance by competent authority under Rule 13. (e) Constitutional jurisdiction—Judicial restraint ----Art. 199 --- Courts cannot substitute executive discretion or reappraise security assessments made by specialized agencies unless shown to be mala fide or ultra vires—No material on record proving such infirmities—Constitutional petition not maintainable. (g) Disposition — Petition dismissed; NADRA’s refusal to issue POC to petitioner’s husband upheld; no order as to costs.

Summary: (a) National Database and Registration Authority Ordinance, 2000--- ----S. 18(1) & (2)(a)---Cancellation/impounding of CNIC---Show-cause and hearing mandatory---Scope---CNICs of petitioners were digitally impounded/blocked since 2016 without issuance of written show-cause notice or affording opportunity of hearing---Held, proviso to S.18(1) mandates prior notice and audi alteram partem; non-compliance vitiates action as offending Art.10-A, Constitution---CNIC carries presumption of truth; once issued after codal formalities, accrued rights cannot be withdrawn on suspicion or flimsy grounds---Reliance placed on Fatima v. NADRA (PLD 2022 Balochistan 73) and Muhammad Aslam v. Member (Colonies) BoR (2019 CLC 1141). (b) Pakistan Citizenship Act, 1951--- ----S.16 read with Citizenship Rules, 1952---Determination of citizenship status---Jurisdiction---NADRA/ intelligence agencies lack competence to adjudicate citizenship; eligibility linked to citizenship can only be determined by the Competent Authority/Federal Government under the Citizenship Act in the manner prescribed---NADRA may exercise S.18(2)(a) powers only after a prior, final determination under S.16 has attained finality; “blocking/suspension” of CNIC on citizenship grounds absent such determination is ultra vires---Reliance placed on Hafiz Hamdullah Saboor v. Govt. of Pakistan (PLD 2021 Islamabad 305) and Abdul Qadir v. Federation (2024 MLD 1774). (c) ---NADRA Ordinance, 2000--- ----S.18; concept of “blocking” CNIC---Impounding distinguished---Statute contains no mechanism for “blocking”; only cancellation/impounding/confiscation is contemplated, subject to notice and reasons; impounding entails taking the document into custody pursuant to due process---Reliance placed on Muhammad Umar v. Federation (PLD 2017 Sindh 585). (d) Passports Act, 1974--- ----S.8(2)---Cancellation/withholding of passport---Written notice and opportunity of hearing---Requirement---Blocking/withholding passports without prior notice is illegal and violative of due process; authorities must adhere to statutory procedure before imposing any embargo on travel documents---Followed Muhammad Aslam (2019 CLC 1141). (e) Constitutional and international guarantees--- ----Arts. 4 & 10-A, Constitution; Universal Declaration of Human Rights, Arts. 6 & 15---Citizenship as a foundational right enabling enjoyment of all other rights; arbitrary deprivation through opaque administrative measures is impermissible; measures impairing CNIC/passport paralyze fundamental civil life and must meet strict due process standards. Disposition---Petition partly allowed---NADRA and Directorate General, Immigration & Passports directed to restore petitioners’ CNICs and passports for the time being; NADRA to initiate/route appropriate proceedings before Competent Authority under the Citizenship Act, 1951 and conclude within 30 days after providing full opportunity of hearing; petitioners to cooperate and produce requisite documents---Competent Authority not precluded from proceeding per law on credible material.