Qasim Khan & Another v. Federation of Pakistan & Others
W.P. No. 4283-P/2023 (along with connected petitions) | Decided: May 2024
Before the Peshawar High Court

ACC / POR Holders Cannot Be Deprived of CNIC – Landmark Judgment

In this landmark constitutional litigation concerning citizenship and dual nationality rights, Mr. Saifullah Muhib Kakakhel, Advocate Supreme Court, represented the petitioners before the Peshawar High Court. The judgment addressed a series of writ petitions involving Pakistani citizens whose names had been entered into NADRA records as Afghan Citizenship Card (ACC) or Proof of Registration (POR) holders, resulting in blocking of CNICs, refusal to issue Form-B, and denial of fundamental citizenship rights.

The lead petition concerned a minor claiming Pakistani citizenship by descent under Section 5 of the Pakistan Citizenship Act, 1951, whose name had been wrongly entered in the ACC database. The Court categorized the petitions into four principal groups: children born to one Pakistani parent and one Afghan national; Pakistani citizens holding ACC claiming dual nationality rights; Afghan nationals married to Pakistani citizens seeking Pakistan Origin Card (POC) or naturalization; and Pakistani citizens wrongly issued ACC/POR cards.

The central legal questions revolved around whether minors born to a Pakistani parent can retain dual nationality; whether entry in the ACC database cancels Pakistani citizenship; whether Pakistani women married to Afghan nationals lose their citizenship status; whether NADRA can block CNICs solely due to ACC/POR database entries; and whether the amendment substituting the word “parent” for “father” in Section 5 applies retrospectively.

The Court delivered comprehensive findings protecting citizenship rights. It held that under Section 14(1A) of the Citizenship Act, children below 21 years of age may retain dual nationality, and that Afghanistan need not be a notified country for this protection to apply to minors. Entry in the ACC/POR database does not amount to renunciation of citizenship, nor does it authorize blocking of CNICs or refusal of Form-B. The Court declared that such actions by NADRA were unlawful where no valid deprivation proceedings had been undertaken.

Regarding Pakistani women married to Afghan nationals, the Court affirmed that marriage does not extinguish citizenship. A Pakistani woman is entitled to retain dual nationality, and blocking of her CNIC on the basis of ACC/POR entry was declared illegal, ultra vires, and void. The interpretation was grounded in Sections 14, 14A, and 16 of the Citizenship Act and reinforced constitutional guarantees of equality.

On citizenship by descent, the Court held that a child born to a Pakistani parent is a citizen by descent. The 2000 amendment substituting “parent” for “father” was declared curative and retrospective in nature, aligning the law with Article 25 of the Constitution, which prohibits discrimination on the basis of sex. Consequently, children born even before 18 April 2000 to Pakistani mothers are entitled to Pakistani citizenship.

The Court further clarified that minors cannot renounce citizenship, and persons residing inside Pakistan cannot validly renounce their nationality under Section 14A. Registration in ACC/POR records does not constitute renunciation, and in the absence of a valid deprivation order under Section 16, citizenship cannot be withdrawn. Afghan spouses of Pakistani citizens were held entitled to apply for Pakistan Origin Card (POC) and may pursue naturalization under the Naturalization Act, 1926.

In its final determination, the Court directed that Pakistani women married to Afghan nationals are entitled to CNICs and dual nationality; children under 21 years are entitled to Form-B and CNIC; NADRA’s refusal in such cases was declared illegal; Afghan nationals married to Pakistanis may seek POC and naturalization; and Pakistani citizens wrongly issued ACC/POR cards were directed to seek clearance under Section 19 of the Citizenship Act, with specific exceptions granted to women and minors.

This judgment represents a major development in Pakistani citizenship jurisprudence. It protects dual nationality rights of women, safeguards citizenship rights of minors, restrains unlawful CNIC blocking by NADRA, recognizes the retrospective application of curative legislation, and reinforces constitutional protection against gender discrimination. The decision stands as a significant affirmation of equality, statutory compliance, and protection of fundamental rights in matters of nationality and identity documentation.