Lahore: Lahore High Court (LHC) while nullifying the trial court decision for restoration of National Identity Card (NIC) has approved NADRA appeal.
The court maintained the courts while wrapping up cases related to citizenship should keep in view national security matters.
Justice Mohsin Akhtar Kiyani issued 14-page detailed decision on the appeal plea filed by NADRA against restoration of NIC of two citizens.
The court maintained the responsibility for proving citizenship rests with claimant. In this regard the respective person will have to provide evidence of Pakistani citizenship in respect of his father and grandfather too.
It was said in the decision that official record prior to 1979 is of basic importance in determination of citizenship while birth certificate, old NIC, passport, domicile, educational certificates and other documents can be presented as evidence too.
The court maintained the claimant could not present any credible official record prior to 1979 in the present case.
Declaring the reports of joint verification committee of NADRA important it was said the subordinate courts did not take correct review of evidence and legal requirements.
The court further said the citizenship matters are not of National Identity Card (NIC) matters but they are question of legal position. These disputes will be settled under Pakistan Citizenship Act and NADRA laws.
According to decision direct civil claim is not maintainable in such matters. When alternative legal forums are there then it is necessary to resort to legal forums of NADRA first.
The court maintained that neither civil claim nor writ petition will be maintainable without resorting to NADRA Verification Board and respective forums of federal government.
It was said in the decision that as per evidence NICs of the affected persons Khalid Khan and Atta Ullah were blocked due to suspicious citizenship. The Joint Verification Committee had declared his family foreign. While Pakistani citizenship could not be proved in the reports of special branch, ISI and IB.
The court while declaring decision of subordinate courts null and void maintained affected persons should resort to NADRA Verification Board within 30 days while it will be binding on board to decide the matter as per law within 60 days.