Lahore High Court sets aside lower courts

The Lahore High Court has overturned the decisions of two lower courts that had directed the National Database and Registration Authority (NADRA) to issue Computerized National Identity Cards (CNICs) to two individuals despite questions regarding their citizenship. The ruling reinforces that disputes involving suspected citizenship fall within the jurisdiction of NADRA’s verification mechanism rather than civil courts.

Justice Mohsin Akhtar Kayani issued a detailed written judgment after allowing NADRA’s appeals against the decisions of the lower courts. In the judgment, the court clarified that civil courts do not have the legal authority to decide cases involving disputed or questionable citizenship. Instead, such matters must be addressed through the procedures established under the relevant laws governing nationality verification.

According to the written decision, individuals whose identity cards have been blocked or whose citizenship status has been questioned must approach the NADRA Verification Board within 30 days. The High Court further directed the Verification Board to examine each case and issue a decision in accordance with the law within 60 days of receiving the application.

The judgment explains that NADRA had challenged the rulings issued by the Senior Civil Judge in Sialkot and the Sessions Judge, who had ordered the authority to issue national identity cards to two citizens despite concerns regarding the authenticity of their Pakistani citizenship. The High Court concluded that these lower courts exceeded their legal jurisdiction by issuing such directives.

Justice Kayani emphasized in the written ruling that obtaining a national identity card is a fundamental right of every eligible Pakistani citizen. However, the court also stressed that this right must be exercised in accordance with the law and only after citizenship has been properly verified through the legally prescribed process.

The respondents maintained before the court that they were Pakistani citizens by birth and therefore entitled to receive national identity cards. They argued that NADRA had incorrectly classified them as foreign nationals and subsequently blocked their CNICs, depriving them of an essential legal document required for everyday civic and economic activities.

NADRA, on the other hand, presented documentary evidence supporting its decision to classify the individuals as non-citizens pending verification. According to the High Court’s judgment, the authority’s documentary evidence was found to be reliable and credible. The court observed that the respondents failed to produce sufficient evidence to establish their claim of Pakistani citizenship.

The judgment further states that the lower courts overlooked significant documentary evidence and failed to apply the relevant legal principles before directing NADRA to issue the identity cards. As a result, the High Court held that these legal errors warranted judicial intervention.

Justice Kayani noted that the High Court has the constitutional authority to correct legal mistakes committed by subordinate courts. Exercising this authority, the court declared both lower court decisions null and void, thereby allowing NADRA’s appeals.

The ruling establishes an important legal precedent regarding the resolution of citizenship disputes in Pakistan. It clarifies that while access to a national identity card is a fundamental right, questions relating to citizenship must first be determined through NADRA’s statutory verification process rather than through civil litigation.

The decision also seeks to ensure consistency in handling citizenship-related cases by directing affected individuals to the NADRA Verification Board and requiring the board to decide such matters within a specified timeframe. This approach aims to balance the protection of citizens’ rights with the need to maintain the integrity and accuracy of Pakistan’s national identity registration system.