Description

Through the judgement of the Peshawar High Court in W.P. No. 4283-P/2023 titled Qasim Khan and another v Federation of Pakistan and others, the Court dealt with several cases concerning the wrongful issuance of ACCs for Pakistani citizens. 

The Court made four declarations and observations:

I. 

A Pakistan woman married to an Afghan national is held entitled to hold dual nationalities i.e. Pakistan and Afghanistan and she would be entitled to issuance of CNIC etc despite issuance of ACC/POR etc in her name (if no doubt is otherwise existing in respect of her citizenship of Pakislon) and the act of respondents qua blocking oft heir CNICs for the reason of her entry as ACC or POR Card Holder, (for such reason), is declared as illegal, ultra vires, null and void

II. 

 Those person who are below the age of 21 years and born out of a wedlock, one part of which i.e. husband or wife is a Pakistani national, are also held entitled to retain dual nationality till attaining the age of 21 years, without renunciation of nationality of either of the two countries i.e. Pakistan and Afghanistan in the cases in hand. The act of respondents where they have been refusing entry of the minor and issuing them Form-Bai as well as refusal of CNIC for the reason that persons of the above mentioned age goup have been found in the DATA of ACC or POR cord holders, are also declared to be illegal, ultra vires and resultantly null and void. Such persons are held entitled to registrations by the NADRA.

III. 

Those petitioners who themselves or their spouses are Afghan nationals but having married to Pakistan citizen are held entitled to issuance of POC. They are also held entitled to apply for grant of citizenship by way of naturalization to the Federal Government in the prescribed manner.

IV.

Those Pakistani citizens in whose names ACC or pOR cards had been issued and who are not falling in the categories No. 1, 2 & 3, they shall apply to the Federal Government under section 19 of the Citizenship Act for issuance of a clearance certificate in the prescribed manner (explained above). A female pakistan citizen married to an Afghan national and the children born out of the wedlock who are below the age of 21 years, shall, however, be treated as exceptions to this principle and they need not apply to the Federal Government under section 19 of the Citizenship Act,