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Search Results: Categories: Pakistan Origin Card Rules 2002 (1 found)

Sharifa e Shereen Sharifi through Special Attorney Ch Saqib VS FOP through Secretary M/o Interior Islamabad etc

Citation: Pending

Case No: Writ Petition-1321-2025

Judgment Date: 27-May-25

Jurisdiction: Islamabad High Court

Judge: Justice Muhammad Azam Khan

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.

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