| Citation(s) |
|---|
| 2021 SLG 1994 2021 SLD 1994 2021 PLJ 202 |
Islamabad High Court
W.P. No. 3597 of 2019, decided on 31.3.2021, Date of hearing: 10.3.2021.
MIANGUL HASSAN AURANGZEB, JUSTICE.
Mr. Moazzam Habib, Advocate for Petitioners. Mr. Arshid Mehmood Kiani, learned Deputy Attorney-General for
Respondents. Mr. Amjad Hameed Ghauri, Advocate for
Respondent No. 7. Ms. Huma Noreen Hassan, Advocate for
Respondent No. 8. Mr. Shumayl Aziz, Ad
W.P. No. 3597 of 2019, decided on 31.3.2021, Date of hearing: 10.3.2021.
MIANGUL HASSAN AURANGZEB, JUSTICE.
Mr. Moazzam Habib, Advocate for Petitioners. Mr. Arshid Mehmood Kiani, learned Deputy Attorney-General for
Respondents. Mr. Amjad Hameed Ghauri, Advocate for
Respondent No. 7. Ms. Huma Noreen Hassan, Advocate for
Respondent No. 8. Mr. Shumayl Aziz, Ad
MST. SAMINA NAZ AND 3 OTHErs
VS
PAKISTAN THROUGH SECRETARY MINISTRY OF INTERIOR ISLAMABAD AND 7 OTHERS
Law: Pakistan Citizenship Act, 1951
Section: 23
Law: Pakistan Citizenship Rules, 1952
Section: 19-B,20
Pakistan Citizenship Act, 1951-- ----S. 23--Pakistan Citizen Ship Rules, 1952 (The 1952 Rules), R. 19-B, 20--Application for Pakistani Nationality--Requirement of documents--Vide letter dated 28.05.2019, Directorate General, Immigration and Passports informed petitioners’ legal advisor that Mst. Samina Naz’s Pakistani citizenship is intact and she can enjoy all rights as a citizen of Pakistan subject to surrender of documents including certificate of renunciation of Pakistani citizenship, Indian citizenship certificate, Indian passport, Indian Identity Card, Pakistan Origin Card and any other documents issued by Indian Government which show that she is an Indian citizen--There is nothing on record to show that these documents have been surrendered by Mst. Samina Naz--Certificate of renunciation of Pakistani citizenship issued by Directorate General of Immigration and Passports to Mst. Samina Naz on 23.10.2004 provides that her minor children residing outside Pakistan shall also cease to be citizens of Pakistan from date of registration as indicated above. It also provides that children can resume citizenship of Pakistan by making a declaration to this effect under Rule 19-B of 1952 Rules within one year of attaining age of twenty-one years. Pakistan Citizenship Act, 1951-- ----S. 14-A--Issuance of renunciation--Children were Ceased to be citizen of Pakistan--If any citizen of Pakistan resides outside Pakistan and has been given by competent authority of another country any valid document assuring him of a grant of citizenship or nationality of that other country upon renouncing his citizenship of Pakistan, makes a declaration renouncing his citizenship of Pakistan, declaration shall be registered by prescribed authority; and upon such registration that person shall cease to be a citizen of Pakistan. Pakistan Citizenship Act, 1951-- ----S. 5--By birth Citizen of Pakistan--A person born after commencement of said Act shall be a citizen of Pakistan by descent if his parent is a citizen of Pakistan at time of his birth--The word “parent” in Section 5 of said Act replaced word “father” through an amendment in said section by Ordinance No. XII of 2000. Pakistan…
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