Case Details

Citation(s)
2015 SLG 1691 2015 SLD 1691 2015 PLD 117
Balochistan High Court
C.Ps. Nos. 452, 470 and 535 of 2012, decision dated: 31st March, 2015. heard on: 16-12-2014.
MUHAMMAD NOOR MESKANZAI, CHIEF, JUSTICE AND MUHAMMAD HASHIM KHAN KAKAR, JUSTICE
Muhammad Qahir Shah and Syed Ayaz Zahoor for Petitioners. Zubair Naseem Khawaja and Abdul Latif Kakar, A.A.G. for
Respondents.

JAMALUDDIN AND others.S

VS

NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) THROUGH DEPUTY DIRECTOR (VERIFICATION), Islamabad High Court High Court AND 5 others.

Law:

Section:

Pakistan Citizenship Act (II of 1951)---.--- ---.----Sched.---.---Constitution of Pakistan, Art. 199---.---Constitutional petition---.---Factual controversy---.---Oath of allegiance---.---Nationality, determination of---.---Grievance of petitioners was that authorities wrongly declared them to be foreigners which had deprived them from getting admissions in medical college---.---Validity---.---Once one was declared alien, without taking certificate of domicile from Federal Government in prescribed manner and taking oath of allegiance in the form as set out in sched. to Pakistan Citizenship Act, 1951, and registered as citizen of Pakistan, it was not possible for authorities to issue a Local Certificate to such person---.---Petitioners were not bona fide citizens of Pakistan and High Court could not declare them locals of a district of Pakistan---.---High Court declined to interfere with findings of facts drawn by authorities---.---Petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD NOOR MESKANZAI, CHIEF JUSTICE:---.--- By this common judgment, we intend to dispose of Constitutional Petitions Nos.452, 470 and 535 of 2012, as identical question of law and facts are involve din these petitions. Facts of C.P. No.452 of 2012. 2. Facts, as alleged in the petition, are that the petitioners belong to Noorzai tribe and they have permanently settled at Chaman since their forefathers. It is the case of petitioners that they along with their family members are having Computerized National Identity Card (CNIC) and prior to it, the petitioner No.2 and his family members were also holding the manual NIC. Further the Local Certificates have also been issued in favour of the petitioners by the concerned EDO (Revenue). The petitioner No.1 being local of Chaman has got education from the local school up to matriculation and subsequently, did his F.Sc. from Tameer-e-Nau College, Quetta. It is averred in the petition that the petitioner No.1 tendered his candidature in the BMC for 2011-2012 session which was accepted amongst the other candidates. Ultimately, the petitioner No.1 appeared in entry test and as per result, he stood at S.No.5 of the merit list.…
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