| Citation(s) |
|---|
| 2026 SLG 3744 = 2026 SLD 3744 |
Writ Petition No.9815-P/2025.
Presented By: WIQAR AHMAD JUDGE
Petitioner (s) by: M/s Saeed Muhammad, Hafiz Fazal Rahim, Ammad Ahmed Siddiqui, Sarfaraz Khan Mohmand, Alishba Khan, Imran Khan, Muhammad Sharif Marwat, Pirzada Muhammad Ilyas Khan Qureshi and Saif Ullah Siddiqui Advocates.
Respondent(s) by: M/s Rahat Ali Nahaqi, Assistant Attorney General alongwith Muhammad Mubarak, Shahid Imran Gigyani, Assistant Director (legal) NADRA, Moazzam Habib, Legal Advisor, Shafa Ullah, Assistant Director, Asghar Jamal, Assistant Director, Immigration & Passport, Ministry of Interior, Islamabad Research Assistance: Mazhar Ali Khan, Research & Reference Officer. Date of hearing 23.02.2026
Muhammad Jamil etc
VS
Federation of Pakistan through Federal Secretary, Islamabad, etc.
Law: Constitution of Pakistan 1973
Section: 199
Law: Pakistan Citizenship Act, 1951
Section: 3, 4, 5, 6, 9, 20
Law: Naturalization Act, 1926
Section: 3, 4, ,5 ,6, 7
Law: Pakistan Citizenship Rules, 1952
Section: 13, 20
Tagline
Foreign nationals seeking Pakistani citizenship by naturalization must first exhaust the statutory procedure under the Naturalization Act, 1926; constitutional jurisdiction cannot be invoked directly without first applying to the competent authority.
Summary
The petitioners, Afghan nationals residing in Pakistan for several decades and holding Afghan Citizen Cards (ACC) or Proof of Registration (POR) cards, sought Pakistani citizenship through naturalization under the Naturalization Act, 1926. They contended that their long residence fulfilled the statutory requirements for naturalization and requested the High Court to direct the Federal Government to grant them citizenship.
The Peshawar High Court held that citizenship by naturalization is a statutory process governed by the Naturalization Act, 1926 and the Pakistan Citizenship Act, 1951. Before approaching the High Court, applicants must first submit a formal application for a Naturalization Certificate under Section 4 of the Naturalization Act, 1926 to the Directorate General of Immigration & Passports. Since none of the petitioners produced proof that they had filed such applications or exhausted the departmental remedy, the writ petitions were held to be premature and not maintainable.