The Lahore High Court (LHC) on Monday ruled that civil courts do not have jurisdiction to hear cases involving disputed citizenship before the legal remedies provided under the National Database and Registration Authority (NADRA) framework have been exhausted.
The court allowed NADRA’s appeal and set aside the earlier decisions of a civil court and an additional district judge.
Justice Mohsin Akhtar Kayani issued the 14-page judgement while deciding NADRA’s civil review petition concerning identity cards allegedly obtained through fraudulent means.
The judgement stated that individuals challenging NADRA’s decisions cannot directly approach civil courts or the High Court without first pursuing the alternative legal forums provided under the law.
It further clarifies that civil courts have no authority to entertain such claims until the prescribed statutory remedies have been fully exhausted.
The court also laid down stricter documentary requirements for establishing Pakistani citizenship. It ruled that applicants must provide evidence showing that their father or grandfather resided in Pakistan before 1979.
Acceptable supporting documents include educational certificates, domicile records, passports or other comparable records issued before 1979.
The judgement further directs that pending cases should be dismissed if the required documents are not submitted within 30 days in accordance with the law and applicable rules.
It also requires NADRA verification boards to decide applications within 60 days.
In addition, the High Court recommended that the federal government amend the NADRA Ordinance by introducing a provision granting special jurisdiction for such matters.
It also recommended that in collaboration with the Punjab Judicial Academy, all judicial officers undergo mandatory two-month training on NADRA laws and procedures.
