Acceding to plea of a 24-year-old Pakistani-origin Afghan national for citizenship on Thursday Islamabad High Court sought report from federal interior ministry in the matter observing a person born in Pakistan only required a birth certificate to be called Pakistani.
Advocate Umer Ijaz Gilani has invoked the jurisdiction of Islamabad High Court (IHC) on behalf of Fazal Haq saying National Database Registration Authority (NADRA) and other concerned authorities failed to observe constitutional provisions and bylaws in granting citizenship to the petitioner.
Appearing before bench of the IHC’ Chief Justice Athar Minallah in the matter Advocate Gilani apprised that Haq was born in Peshawar in June 5,1998 to his Afghan national parents. Concerned union council issued birth certificate whereas local revenue authority granted him domicile certificate in January 23,2012 as he spent entire life in Pakistan and never been in Afghanistan.
Advocate Umer Gilani also inform that the NADRA denied to issue computerized national identity card to Haq in October 25,2019 on the basis of his parents’ Afghan ethnicity. The NADRA told the petitioner that no system was in field to grant citizenship to those children whose parents were not Pakistanis. During the adjudication, Chief Justice Athar Minallah observed a person born in Pakistan only required a birth certificate to be called a Pakistani and citizenship was his right.
Gilani urged the court’s directives to NADRA to issue the petitioner a CNIC in accordance with duty under provisions of the NADRA Ordinance and Citizenship Act 1951. He also sought the court directions to declare policy of denying citizenship status and consequential rights of children born in Pakistan to foreigner parents as ultra vires to provisions of Pakistan Citizenship Act 1951.
Advocate Gilani requested the court to direct the federal government to introduce a clear process for recognizing the relevant provisions of the law regarding citizenship of children born inside Pakistan, irrespective of the ethnicity of their parents.
After hearing of the arguments, Chief Justice Athar Minallah directed the Interior Ministry to take measures for awarding Pakistani citizenship to Fazal Haq and submit a comprehensive report in the matter before the court till October 28.
