ISLAMABAD: The Islamabad High Court (IHC) has ruled that National Database and Registration Authority (NADRA) does not have the power to deprive any Pakistani of the right to citizenship by blocking, suspending or cancelling national identity card, and NADRA’s functions are only limited to registering citizens and maintaining the population’s database.
IHC Chief Justice Athar Minallah issued a detailed 29-page verdict on Saturday, ordering the restoration of identity cards of 10 citizens, including that of Jamiat Ulema-e-Islam-Fazl (JUI-F) leader Hafiz Hamdullah.
In the detailed verdict, the IHC stated that NADRA on its own cannot block, suspend or cancel an identity card.
“The matter of citizenship can be taken up only by the concerned authority under the Citizenship Act. A judicial order is required to suspend or block the identity card,” read the court’s verdict.
Justice Minallah announced the decision on a petition filed by Hamdullah, who had challenged NADRA’s decision. The authority had revoked his citizenship in October 2019, declaring him an “alien”.
The NADRA had claimed that Hamdullah had obtained a Pakistani ID card via fraud, adding that he was an Afghan citizen and was not born in Pakistan.
The JUI-F leader had rejected the allegations and said the decision was taken on political grounds against him.
Dismissing the allegations against Hamdullah, the court stated in its detailed verdict that not only was Hamdullah born in Pakistan, his son is also serving in the Pakistan Army. The high court said there is no record or evidence to prove he was not born in Pakistan, wondering how it was concluded that Hamdullah and the others were not Pakistani citizens.
The court said NADRA cannot revoke people’s citizenship based on an intelligence report alone.
Expanding upon the rights of an individual that came with Pakistani citizenship, the court reminded all parties that it is a fundamental right of every person. Without citizenship, an individual is not entitled to any political or social rights, stated the verdict.
The court said that any person who is born in Pakistan becomes a Pakistani citizen automatically. The IHC reprimanded PEMRA for banning Hamdullah from appearing on TV, saying that the regulatory body’s decision violates the rights of a citizen as enshrined in Article 19 of the Constitution.
