Humayun Khan
PESHAWAR: Justice SM Attique Shah remarked that 40 years ago Afghan refugees had obtained Pakistani’s card at the cost of few paisa which is continued till today while federal’s government didn’t take actions against officials involved in the malpractices. He added that after 40 years the departments became aware that such cards were issued against the law.
However, Justice Ijaz Anwar observed that petitions regarding identity cards from all over the country approached Peshawar High Court (PHC) and added that this court can’t hear petitions beyond its jurisdiction.
The counsel argued that forefathers of petitioner named Rashid Khan were Pakistani citizen while obtained manual National Identity Cards as well as Proof of Registration (POR) was issued to them. The counsel further argued for cancellation of applicant’s POR card and issuance of Computerized National Identity Card.
In the meantime, Justice Ijaz Anwar inquired that what was doing the applicant till date because he is aged, however, the counsel argued that the petitioner wasn’t aware about the consequences as he has possessed POR card. He added that Computerized National Identity Cards are already to his family members.
Additional Attorney General Sana Ullah the applicant isn’t Pakistan’s citizen because he possessing POR card while demanding nationality on cancellation of POR. POR holder wouldn’t be face any grievance till December as per Federal Government policy.
The counsel informed that police is harassing and stopping applicant on checkpoints while National Database and Registration Authority (NADRA) is also investigating him.
The Legal Officer Shahid Gigyani argued that NADRA had submitted reply before Supreme Court of Pakistan and added that if police is harassing applicant then it is matter concerned with police. He argued that PHC hasn’t jurisdiction in the plea as CNIC submitted in support belongs to Punjab province.
Additional Attorney General informed that PHC had already dispose of identical writ pleas and ordered to approach High Courts of concerned province but the petitioner had approached PHC.
The divisional bench dispose of writ petition and ordered to approach concerned High Court because its beyond territorial jurisdiction of Peshawar High Court.
