Law: Constitution of Pakistan, 1973

Section: 15,199

Law: Pakistan Citizenship Rules, 1952

Section: R.26

Law: Pakistan Citizenship Act, 1951

Section: 16,17

Constitution of Pakistan, 1973-- ----Art. 15 & 199--Pakistan Citizenship Act, 1951, Ss. 16 & 17--Citizenship Rules, 1952, R. 26--Cancellation of domicile and local certificates--Powers of Deputy Commissioner to cancel domicile--Deniel of civil rights--Determination of status of domicile--Challenge to--Domicile certificates envisaged by and issued under Section 17 of Act of 1951 are meant for a class of persons, who are originally not citizen of Pakistan, have migrated to this country after emergence of Pakistan, during specified period, have abandoned their domicile of origin and having ordinarily resided in Pakistan for a period of not less than one year with intention of residing therein permanently in order to acquire citizenship of Pakistan--In all cases, petitioners are citizens of Pakistan by birth, hence, they do not require any domicile certificate to be citizen of Pakistan--Law of land recognise only one domicile issued under Section 17 of Act of 1951--According to our opinion, when a person who is permanently residing in one province goes to another province with intention to reside there permanently or indefinitely, his domicile does not undergo any change, nor it acquires a new domicile of choice--His domicile remains same--We are of view that powers of Deputy Commissioner to cancel Domicile Certificate are limited and governed by Act of 1951 and Rules of 1952--There are two circumstances, under which a citizen can be deprived of his citizenship under Act of 1951--Firstly, if Central Government is satisfied that Certificate of Citizen has been obtained through fraud and misrepresentation or on grounds mentioned under Section 16 of Act of 1951 and, secondly, if he is convicted for an offence under section 177 of Pakistan Penal Code (XLV of 1860) "(P.P.C."), being prosecuted under Rule 26 of Rules of 1952--District Magistrates, Quetta and Musa Khail instead of following prescribed procedure laid down under Section 26 of Rules of 1952 have cancelled petitioners domicile certificates without holding proper and necessary inquiries--It may be noted that if it is found that a domicile certificate was obtained by fraud or misrepresentation it…

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