Lal Muhammad S/O Muhammad Qasim And Another vs NADRA through Director General

Balochistan High Court · 2025 · Before Hon'ble Justice Muhammad Najamuddin Mengal

the instant Civil Revision Petition No.35 of 2025, filed by Lal Muhammad, against the orders dated 11th November 2024 and 22nd August 2024 (“the impugned orders”) passed by the learned Civil Judge-II, Quetta (“the trial Court”) and the learned Additional District Judge-IX, Quetta (“the appellate Court”) whereby execution application filed by the petitioner/decree holder was rejected, while the learned appellate Court upheld the order of the trial Court and dismissed the appeal filed by the petitioner.

2. Relevant facts of the instant petition are that the petitioner filed a suit for Declaration, Issuance of CNIC and Consequential Relief in trial Court, which was decreed in favour of the petitioner, vide judgment & decree dated 20th August 2022; whereby the petitioner/plaintiff was declared to be Pakistani national and the respondent/defendant was directed to issue CNIC to the petitioner/plaintiff after cancellation of PoR Afghan Card if any issued to him. Feeling aggrieved, the respondent No.2 filed an appeal before the appellate Court, whereby the appellate Court upheld the Civil Revision Petition No.35 of 2025 - 2 - Only for viewing purpose. Contact office for certified copy. decree with the modification that the respondent/petitioner would approach the NADRA authority by adopting the procedure provided in SOPs for unblocking of his CNIC. Subsequently, the petitioner/decree holder filed an execution application before the learned executing Court. Notices were issued to the respondent/judgment debtor (NADRA), as such, the respondent/judgment debtor contested the execution application by raising objections; that the execution application is not maintainable according to the policy as the petitioner/decree holder has to approach the Ministry of Interior, Government of Pakistan; thus after hearing the arguments of the parties, the learned executing Court dismissed the execution application, vide order dated 22nd August 2024. Being aggrieved, the petitioner assailed the order of learned executing Court before the learned Additional District Judge-IX, Quetta, but the appeal of the petitioner was also dismissed by upholding the order of the learned executing Court, vide impugned order dated 11th November 2024. Whereafter, the petitioner has filed the instant petition before this Court.

3. I have heard learned counsel for the parties and have gone through the record, which reveals that a decree is existing in favour of petitioner, which is conditional and reciprocal in operation. The perusal of record transpires that initially, the petitioner approached the NADRA for issuance of CNIC, which was denied by respondent on account that the claim of petitioner falls within the category ii of the SOPs i.e. Afghan national issued citizenship/naturalization certificate, while presently blocked in NADRA Database due to matching with PoR data by SOPs. Even otherwise, the respondents are not competent to cancel PoR without final approval for cancellation of PoR from the NADRA Headquarters. Civil Revision Petition No.35 of 2025 - 3 - Only for viewing purpose. Contact office for certified copy.

4. According to the provisions of Section 19 of the Pakistan Citizenship Act, 1951 the petitioner has to approach the Federal Government, but despite clear cut directions by the Courts below the petit…

Opening of the judgment. Loading the full judgment on LexPK…