LAHORE: The Lahore High Court has accepted the National Database and Registration Authority (NADRA) appeal and set aside the trial court’s decision regarding the restoration of identity cards.
The court observed that, in citizenship cases, national security considerations must also be taken into account.
Justice Mohsin Akhtar Kayani issued a detailed 14-page judgment on NADRA’s appeal against orders restoring the CNICs of two individuals.
The court ruled that the burden of proving citizenship lies on the claimant, who must also provide evidence of Pakistani citizenship of their father and grandfather.
It further stated that pre-1979 official records carry primary importance in determining citizenship. Documents such as birth certificates, old identity cards, passports, domicile certificates and educational records may also be submitted as supporting evidence. However, in the present case, the claimants failed to produce any credible pre-1979 official record.
The judgment noted that reports of NADRA’s Joint Verification Committee hold significant evidentiary value, and the subordinate courts did not properly assess the available material and legal requirements.
The court further observed that citizenship is not merely a matter of identity cards but concerns legal status, which must be determined under the Pakistan Citizenship Act and NADRA laws. It ruled that a direct civil claim is not maintainable where alternative statutory forums are available, and that parties must first utilize the relevant NADRA mechanisms.
It added that neither a civil claim nor a writ petition can be entertained without first exhausting remedies before the NADRA Verification Board and other relevant federal forums.
According to the judgment, CNICs of Khalid Khan and Attaullah were blocked on suspicion of disputed citizenship, while a Joint Verification Committee had declared their family as foreign nationals. Reports from the Special Branch, ISI and IB also did not confirm Pakistani citizenship.
Setting aside the lower court decisions, the High Court directed the petitioners to approach the NADRA Verification Board within 30 days. The board has been ordered to decide the matter in accordance with the law within 60 days.
