| Citation(s) |
|---|
| 2018 SLG 1185 2018 SLD 1185 2018 PLD 49 |
Balochistan High Court
Cons.P. Nos. 994, 582 and 1034 of 2015 and 385 of 2017, decided on 31-10-2017. Date of hearing: 25-09-2017.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Mujeeb Ahmed Hashmi for Petitioners (in C.P.No.994 of 2015). Muhammad Ilyas Mughal for Petitioner (in C.P. No.582 of 2015). Mehmood Sadiq Khokhar and Syed Iqbal Shah for Petitioner (in C.P. No.1034 of 2015). Syed Ayaz Zahoor for Petitioner (in C.P. No.
Cons.P. Nos. 994, 582 and 1034 of 2015 and 385 of 2017, decided on 31-10-2017. Date of hearing: 25-09-2017.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Mujeeb Ahmed Hashmi for Petitioners (in C.P.No.994 of 2015). Muhammad Ilyas Mughal for Petitioner (in C.P. No.582 of 2015). Mehmood Sadiq Khokhar and Syed Iqbal Shah for Petitioner (in C.P. No.1034 of 2015). Syed Ayaz Zahoor for Petitioner (in C.P. No.
MUBASHAR MEHMOOD AND ANOTHER
VS
HOME AND TRIBAL AFFAIRS THROUGH SECRETARY CIVIL SECRETARIAT AND OTHERS Amicus Curiae: Azhar Ilyas Nagi:
Law:
Section:
(a) Pakistan Citizenship Act (II of 1951)--- ----Ss. 16 & 17---Pakistan Citizenship Rules, 1952, Rr. 23 & 26--- Domicile Certificate and Permanent Residence Certificate---Scope---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 such person acquires a new domicile of choice and his domicile remains the same---Basic distinction between concept of domicile and that of permanent or ordinary residence is as much as former relates to status of a person and involves a question of law while latter is a question of fact---Domicile and permanent residence certificates are altogether different concepts. Muhammad Yar Khan v. Deputy Commissioner-cum-Political Agent Loralai 1980 SCMR 456 rel. (b) Pakistan Citizenship Act (II of 1951)--- ----Ss. 16 & 17---Pakistan Citizenship Rules, 1952, Rr.23 & 26---Constitution of Pakistan, Art. 199---Constitutional petition---Domicile Certificate, cancellation of---Principle---Petitioners were aggrieved of orders passed by authorities whereby their domicile certificates were cancelled---Validity---Authorities, instead of following prescribed procedure laid down under R. 26 of Pakistan Citizenship Rules, 1952 cancelled domicile certificates of petitioners without holding proper and necessary inquiries---If it was found that a domicile certificate was obtained by fraud or misrepresentation same entailed necessary punishment under law---Authorities were not aware of consequences which could flow from deprivation of citizenship by cancelling domicile certificates---Every citizen was entitled to be certified under Pakistan Citizenship Act, 1951 and he could not be deprived of such right just by a stroke of pen---As soon as a certificate of citizenship was withdrawn or cancelled, that amounted to denial of civil rights of an individual and such person would have no right to live in the country---High Court set aside orders passed by authorities and restored domicile certificates issued in favour of petitioners---Constitutional petition was allowed in circumstances. Muhammad Yar Khan v. Deputy…
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