Cancellation of Hamdullah's citizenship: IHC reserves verdict on NADRA's decision

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday reserved verdict on the National Database and Registration Authority's (NADRA) decision to cancel Jamiat Ulema-e-Islam-Fazl (JUI-F)'s former senator Maulana Hafiz Hamdullah's citizenship. A single bench of Chief Justice Athar Minallah heard a petition filed by the JUI-F leader.

Expressing annoyance over the NADRA's conduct, the IHC chief justice questioned, did Hafiz Hamdullah's son had not passed out from the Pakistan Military Academy recently. He further asked how can their citizenship be questioned, and how can you revoke his citizenship?

Justice Minallah further said Hafiz Hamdullah had properties in Pakistan and he was also a member of the Upper House of the Parliament. He maintained that this court would not allow the fundamental rights of citizens to be violated.

The IHC chief justice inquired from the NADRA's counsel under which law did they question the citizenship of the people. At this, the counsel said action was taken on a report from the security agencies and later, a show-cause notice was also issued under Section 18 of the NADRA Ordinance, 2000.

Upon that the bench said that if the registrar of this court sends you something, would you revoke someone's citizenship. It added that the NADRA was misusing its powers. Earlier, the NADRA had informed that it had only cancelled the identity card of the JUI-F leader, Hafiz Hamdullah, after meeting all legal requirements, and revoking a Pakistani's citizenship did not fall under its domain.

It said in its written reply that Hafiz Hamdullah's CNIC was cancelled under Section 18 of the NADRA Ordinance 2000. The NADRA further informed the court that the CNIC was cancelled on the basis of reports prepared by the security agencies. It maintained that neither it had record of Hamdullah's previous identity card, nor any information about his family background.

The authority told the court that a security agency in its report issued on December 12, 2018, had declared Hamdullah, an Afghan national. In another report, issued by the agency on October 11 last year, it was stated that the JUI-F leader's documents were bogus.

On the basis of these reports, the NADRA started an investigation into the case. It was found that the Hamdullah was issued a manual identity card in 1992, and then a CNIC in 2004. In a letter, the NADRA said that Hamdullah "is not a citizen of Pakistan".

Therefore, NADRA vide its orders U/S 18(1) & 17(2) has cancelled, and digitally impounded the CNIC issued to Hafiz Hamdullah Saboor, the authority said. In the petition, Hamdullah's lawyer questioned the basis of the NADRA's move, since the JUI-F leader had contested multiple elections and also served as a senator.

Hamdullah has contested elections six times. He remained a member of the Upper House of Pakistan's parliament on a JUI-F ticket from March 2012 to March 2018. He had also been health minister in the Balochistan cabinet from 2002 to 2006.

His counsel, Kamran Murtaza advocate informed the court that his client was born in Balochistan and the father of the petitioner holds a CNIC as well as other family members. He told the IHC bench that the children of the petitioner also hold CNICs, and one of them was serving in the Armed Forces of Pakistan.

He added that the petitioner was elected as senator and also as member of the provincial assembly of Balochistan. The counsel contended that the NADRA was not vested with jurisdiction to adjudicate upon the citizenship of a citizen, which otherwise has to be dealt with under the Pakistan Citizenship Act, 1951. Therefore, he argued that the said orders were passed without lawful authority and jurisdiction.

Copyright Business Recorder, 2020