PESHAWAR: The Peshawar High Court (PHC) on Thursday disposed of several writ petitions filed by Afghan nationals seeking issuance of naturalisation certificates and ruled that the petitioners failed to provide evidence they had applied for the said documents in accordance with the law.
A two-member bench comprising Justice Wiqar Ahmad and Justice Farah Jamshed heard the petitions filed by Mohammad Jameel, Aseel Khan, Saeed Khan, Bas Bibi and others.Assistant Attorney General (AAG) Rahat Ali Nahqi, Research and Reference Officer Mazhar Ali Khan and representatives of relevant departments appeared before the court on behalf of the federation.
During the hearing, counsels for the petitioners argued that all applicants were Afghan nationals who migrated to Pakistan in the 1980s. They maintained that the petitioners had been living in the country for decades, had established families, and were running businesses in Pakistan.
The lawyers contended that although the petitioners possessed Afghan Citizen Cards (ACC) and Proof of Registration (PoR) cards allowing them to stay in Pakistan, they were also entitled to obtain naturalisation certificates under the Naturalisation Act of 1926, which would enable them to acquire Pakistani citizenship. However, they alleged that the relevant authorities had failed to process their applications.
The AAG told the court that such applications were received by the assistant director general branch at the directorate in Islamabad and must be submitted through a proper procedure, including registered post. He argued that the present petitioners did not even possess ACC or PoR cards, rendering them ineligible for the certificates.
The court was also informed that software was being developed to facilitate online submission and receipt of such applications.After hearing arguments from both sides, the bench issued a 22-page judgment authored by Justice Wiqar Ahmad.
The court ruled that under the Pakistan Citizenship Act, 1951, individuals may qualify for citizenship if their parents or ancestors were residing in the territory at the time of independence or were born there earlier. It observed that the federal government has the authority to process such applications and register eligible individuals in accordance with the prescribed conditions.
The judgment further stated that applicants seeking full citizenship must submit fresh applications under the relevant provisions of the law, while the federal government has the authority to decide on their registration in accordance with Rule 13 of the Pakistan Citizenship Rules, 1952.
According to the ruling, nationals of countries other than Britain or Commonwealth states can only be granted citizenship if they possess a naturalisation certificate and fulfil all legal requirements and procedures.
The court noted that the petitioners had directly approached the PHC without providing any proof that they had formally applied for the certificates through the relevant authorities. In such circumstances, the petitions were deemed not maintainable as an appropriate forum already existed for such matters.
Citing rulings of superior international courts, the bench observed that issuing naturalisation certificates fell within the exclusive jurisdiction of the federal government, a responsibility assigned to the Directorate General of Immigration and Passports. Therefore, the court held it could not intervene at this stage.The court ultimately declared all petitions non-maintainable and disposed of them accordingly.
