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The Islamabad High Court (IHC) on Monday issued notices to the Nadra, the secretary Interior and the director general Immigration and Passport with the direction to file comments within a fortnight.

A single judge bench of the IHC comprising Justice Ghulam Azam Qambrani heard the petition of Fazal Haq, an individual born to Afghan refugee parents in Peshawar in 1998.

The petitioner has filed the writ petition under Article 199 of the Constitution through advocate Umer Gilani and made chairman National Database and Registration Authority (Nadra), the federal government through the principal secretary to the prime minister, secretary Ministry of Interior, and director general Immigration and Passports.

During the proceedings, the counsel read out Section 4 of Citizenship Act, 1951.

Justice Ghulam after hearing preliminary arguments issued notices to the respondents and adjourned the case for two weeks.

The petitioner has submitted that since his birth he lived, studied and worked all his life in Pakistan.

He is a skilled gemstone trader who is contributing to Pakistan's economy, especially its exports.

The petitioner asserted that he is entitled to citizenship under Section 4 of the Pakistan Citizenship Act, 1951.

This law, which was made by the founding fathers of Pakistan, confers citizenship upon all children born on Pakistan territory, and does not discriminate between them on grounds of race, ethnicity or religion.

The petitioner has also placed reliance upon speeches made in Parliament by Prime Minster Imran Khan on October 18, 2018 and by Minister of Human Rights on October 25, 2018, which created a legitimate expectation in the petitioner's favour.

In 2019, the petitioner repeatedly approached the NADRA officials in Islamabad to seek a National Identity Card.

However, he was denied this on the grounds that his parents are persons of Afghan refugee origin.

He served legal notices upon the NADRA reminding it about Pakistan's non-discriminatory citizenship laws, but received no reply.

The petition states that because of not getting a CNIC, the petitioner is suffering on a daily basis.

He is unable to set up a bank account.

He is unable to get a passport.

He is unable to buy a motorbike in his own name.

He is unable to get relevant business licenses, which would allow him to run a business.

As a result, he is condemned to living the life of a second-class citizen who can only work for others but not run an enterprise of his own.

Copyright Business Recorder, 2020

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