Case Details

Citation(s)
2006 SLG 555 2006 SLD 555 2006 PLD 465
Lahore High Court
Writ Petition No. 1749 of 1999, decided on 21st December, 1999
FAQIR MUHAMMAD KHOKHAR, J
Malik Qamer Afzal Khan for Petitioner. Ch.Afrasiab Khan, Standing Counsel for Pakistan with Syed Yousaf Ali Shah, Asstt. Director, Passport Cell, F.I.A., Islamabad

Mst. NASEEM AKHTAR

VS

DIRECTOR GENERAL IMMIGRATION AND PASSPORT and others

Law: Constitution of Pakistan, 1973

Section: 1(2),257,1(2)(b)

Law: Pakistan Citizenship Act, 1951

Section: 14B,8(2)

(a) Passport and Visa Manual, 1974--- ----Paras. 62(vi) & 70(a)---Pakistan Citizenship Act (II of 1951), S.14-B---Constitution of Pakistan (1973), Art.199---Constitutional petition---Para. 62(vi), Passport and Visa Manual, 1974, makes a provision enabling the employees of Government of Azad Jammu and Kashmir who are either Pakistani nationals or State subjects to make applications for the issuance of a passport---Para. 70 of the said Manual lays down that it is not the policy of the Government to treat applications for passports from residents of the former State of Jammu and Kashmir on the basis different from that obtaining in the case of the citizens of Pakistan; they should also be granted passports subject to the same conditions and restrictions as apply in the case of the citizens of Pakistan. (b) Pakistan Citizenship Act (II of 1951)--- ----Ss. 8(2) & 14-B---Government of Pakistan Cabinet Division Memorandum No.8/9/70 (Coord-1) dated 24-6-1970---Constitution of Pakistan (1973), Arts. 199(1)(2)(b)---Constitutional petition---Rights of Citizenship of certain persons residing abroad---Subject of the State of Jammu and Kashmir, who being under the protection of a Pakistan passport, is resident in the United Kingdom, is deemed to be a citizen of Pakistan---Principles. (c) Passport and Visa Manual, 1974--- ----Para. 10 [as revised on 19-6-1999j---Pakistan Citizenship Act (II of 1951), Ss.8(2) & 14-B---Government of Pakistan, Cabinet Division Memo. No.8/9/70(Coord-1) dated 24-6-1970---Constitution of Pakistan (1973), Art.199---Constitutional petition---Provision of para.10 (revised) of Passport and Visa Manual, 1974 lays down that official gratis passport shall be issued to the Judges of the Supreme Court, High Courts and Shariat Court, their spouses and dependent unmarried children up to 25 years of age---Subjects of Azad Jammu and Kashmir, admittedly are issued passports on behalf of the Federal Government under its policy like other citizens of Pakistan and there is no reason as to why the high functionaries of Azad Jammu and Kashmir including the Judges of the Azad Jammu and Kashmir Supreme Court, High Court and Shariat Court and their spouses…
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