Law: Pakistan Citizenship Act, 1951

Section: 14,14-A

Law: Pakistan Citizenship Rules, 1952

Section: 19-B

(a) Pakistan Citizenship Act (II of 1951)--- ----Ss. 14 14-A---Pakistan Citizenship Rules, 1952, R.19-B---Regaining citizenship of Pakistan after renouncing the same---Conditions for regaining citizenship of Pakistan---Scope---Contention of the petitioner (originally a Pakistani female citizen, who renounced her Pakistani citizenship after her marriage with an Indian national) was that she being a female was entitled to regain Pakistani citizenship for herself and her children (Ministry of Interior and Directorate General Immigration and Passports) contended that petitioner would first have to surrender her Indian citizenship as well as certain documents including the certificate of her renunciation of Pakistani citizenship---Validity---Though S.14(1) of Pakistan Citizenship Act, 1951 (‘the Act 1951’) stipulated that if any person was a citizen of Pakistan under the provisions of the Act 1951, and was, at the same time, a citizen or national of any other country, he shall cease to be a citizen of Pakistan, unless he made a declaration according to the laws of that other country renouncing his status as status or national thereof, however, S.14(4) of the Act 1951 provided that nothing in S.14(1) of the Act 1951 shall apply to a female citizen of Pakistan who was married to a person who was not a citizen of Pakistan---Though petitioner’s marriage, in view of said provisions, to an Indian national would ipso facto not result in her ceasing to be a citizen of Pakistan, however, in the present case the petitioner had not only already renounced her Pakistani citizenship but she had also been granted Indian citizenship by the competent authority in India--- Grant of Pakistani citizenship to petitioner and her children without the surrender of certain/required documents would enable her to remain Pakistani as well as Indian citizenship---After the renunciation of petitioner’ Pakistani citizenship, there was no warrant in the law permitting the retention of dual nationality by her---Conditions imposed by the respondents for granting Pakistani citizenship to the petitioner were not arbitrary, unjust or illegal---Constitutional petition was dismissed, in circumstances.…

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