LHC Rules Civil Courts Cannot Decide Pakistani Citizenship Disputes

The Lahore High Court (LHC) has ruled that civil courts cannot directly decide disputes over Pakistani citizenship when the matter falls under the jurisdiction of authorities established under the Pakistan Citizenship Act, 1951, and Nadra laws.

Justice Mohsin Akhtar Kayani issued the ruling while allowing a revision petition filed by the National Database and Registration Authority (Nadra), overturning lower court judgments that had declared two respondents to be Pakistani citizens.

The case arose after Nadra blocked the respondents’ Computerised National Identity Cards (CNICs), classifying them as belonging to the “alien” category.

A Joint Verification Committee, comprising officials from the Special Branch, Intelligence Bureau, and ISI, later failed to verify their Pakistani nationality.

The court observed that citizenship disputes involving birth, descent, naturalisation, dual nationality, or deprivation of citizenship must be decided under the relevant legal framework rather than through civil suits.

Justice Kayani noted that the respondents failed to produce reliable public records proving their family’s Pakistani citizenship before 1979.

The judge also highlighted concerns that many refugees had obtained Pakistani identity documents after the Afghan war by concealing their actual identities. He ruled that, without sufficient documentary evidence, the respondents could not establish their claim to Pakistani citizenship.

However, the court clarified that decisions of statutory authorities remain subject to judicial review under Article 199 of the Constitution if they violate the law, deny due process, or infringe fundamental rights.

The ruling reinforces that citizenship disputes must be resolved through the legal mechanisms provided under Pakistan’s citizenship laws rather than ordinary civil courts.