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Lahore High Court Upholds NADRA's Authority on Citizenship Verification

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Lahore High Court Upholds NADRA's Authority on Citizenship Verification

Islamabad 26-06-2024: In a significant ruling, the Lahore High Court has upheld the authority of the National Database and Registration Authority (NADRA) to determine and verify citizenship status. The Court's decision came in the case of “National Database and Registration Authority (NADRA) versus Khan Agha and others” [C. R. No. 21451 of 2023], emphasizing the specialized jurisdiction of NADRA in matters related to citizenship and the issuance of Computerized National Identity Cards (CNICs) and passports.

The case revolved around the blocking of CNICs and passports of Khan Agha and his family by NADRA due to doubts about their citizenship. The respondents had filed a suit for the restoration of their identity documents, which was initially dismissed by the Trial Court. The Appellate Court later reversed this decision, leading NADRA to seek revision from the High Court.

Mr. Justice Abid Hussain Chattha, presiding over the case, outlined the importance of following the procedures and remedies provided under specialized laws such as the Pakistan Citizenship Act, the NADRA Ordinance, and the Passports Act. The judgment highlighted that issues of citizenship and the issuance of identity documents are governed by these specific laws, which provide detailed mechanisms for resolution and confer jurisdiction on NADRA and related federal authorities.

The High Court underscored that Civil Courts' jurisdiction is implicitly barred in such matters unless the specialized remedies are exhausted. The Court noted that NADRA had provided the respondents an opportunity to present their case before its Zonal Office, which they failed to utilize properly by not submitting the necessary pre-1979 documentary evidence of citizenship.

The High Court set aside the Appellate Court's decision, reinstating the Trial Court's judgment, which had dismissed the respondents' suit. However, the Court allowed the respondents to seek remedies afresh within 30 days without the bar of limitation, as per NADRA's concession.

This ruling reaffirms the procedural protocols and authority of NADRA in citizenship verification and underscores the necessity for individuals to follow the specified legal avenues before approaching Civil Courts. The decision is seen as a reinforcement of the legal framework governing citizenship and identity documentation in Pakistan.