4355/2025 Const. P. Muhammad Zakria (Petitioner) V/S Federation of Pakistan & others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
Order Date: 29-APR-26
Prima facie, the petitioner???s citizenship has been consistently recognized as evidenced by his CNIC and Pakistani passports issued and renewed since 1989. Even when a doubt arose in 2009, it was duly verified through official channels, including the Consulate General and Special Branch, Karachi, resulting in reissuance of his passport. Such recognition, attained after due verification, carries legal sanctity and cannot be arbitrarily withdrawn in the absence of any allegation or proof of fraud. Under Section 4 of the Pakistan Citizenship Act, 1951, the petitioner???s children, being born to a recognized Pakistani citizen, are entitled to citizenship by descent as a matter of right. The respondents??? insistence on repeated verification despite complete documentary proof is therefore without lawful basis. Their reliance on the alleged issuance of BM-series documents is misplaced, as any prior administrative classification stands overridden by subsequent verification and continued recognition by competent authorities. Moreover, the plea that the matter is subject to a pending policy is no justification to withhold vested rights, as fundamental rights cannot be kept in abeyance. Likewise, directing the petitioner to seek a civil declaration is unwarranted where his citizenship is already established through official records. The respondents??? conduct in singling out the petitioner???s children for such treatment, while granting similar documents to other family members, is arbitrary, discriminatory, and violative of the principle of equality before law. 8. In view of the above, the petitioner has established a right for hearing by the competent authority on the subject issue and corresponding failure of statutory duty on the part of the respondents. The refusal or delay in issuance of CNICs and passports to his children is violative of his rights subject to reasonable restrictions imposed by the law. Therefore, a writ in the nature of mandamus is warranted, directing the respondents to consider his request for issuance of CNICs and machine-readable passports to the petitioner???s children after hearing him, however no bottlenecks shall be created based on repeated and redundant verification in the absence of any concrete evidence of fraud or misrepresentation. Disposed of accordingly.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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