Law: Pakistan Penal Code (Amendment) Ordinance, 2007

Section: 188,353,426.447,504,506

Facts The petitioner, Ahmed Shah, challenged the sealing of his petrol pump (M/s Jubilee Filling Station) and cattle farm under the Illegal Foreigners Repatriation Plan (IFRP). Authorities suspected that the properties were benami (held on behalf of) an Afghan national. The petitioner asserted that he is a genuine Pakistani citizen and relied on a NADRA verification report dated 08.05.2026, which confirmed his Pakistani citizenship and family record. Despite earlier High Court directions and the Commissioner's order requiring verification and de-sealing if allegations were not proved, the authorities failed to de-seal the properties. Issues Whether the continued sealing of the petitioner's properties was lawful after NADRA verified his Pakistani citizenship. Whether the authorities could continue to deprive the petitioner of his property and business merely on suspicion. Whether due process and constitutional guarantees had been violated. Court's Findings The initial sealing was based only on suspicion, without notice or an opportunity of hearing. NADRA, being the competent authority, confirmed the petitioner's citizenship, and the respondents produced no material proving that he was a benamidar or frontman of any foreign national. Administrative action taken for verification cannot continue indefinitely without lawful justification. Continued sealing violated constitutional protections relating to due process, property rights, and the right to conduct lawful business. Allegations regarding illegal gratification, contempt, and the FIR required separate proceedings and were not decided in this petition. Held The High Court: Directed the respondents to act strictly in accordance with law. Ordered that, if no legally sustainable evidence exists linking the petitioner or the properties to any foreign national or benami ownership, the authorities must immediately de-seal the properties and restore possession. Directed that future action under the Illegal Foreigners Repatriation Plan must comply with due process, including notice, hearing, fairness, and proportionality. Disposed of the petition without costs, while leaving issues relating to the FIR…