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Search Results: Categories: National Database and Registration Authority Ordinance 2000 (1 found)

Norang Khan VS FOP etc

Citation: Pending

Case No: Writ Petition-986-2025

Judgment Date: 23-Apr-25

Jurisdiction: Islamabad High Court

Judge: Justice Muhammad Azam Khan

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.

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