Politics
Afghan refugee man applies to IHC for Pakistan citizenship
The High Court of Islamabad (IHC) was sought to obtain Pakistani citizenship under the Pakistan Citizenship Act, 1951 by a man born to Afghan refugee parents. Lawyer Umar Gilani on Saturday filed a petition on behalf of Fazal Haq, born to Afghan refugee parents in Peshawar in 1998.
Gilani argued that the petitioner since birth has lived, studied and worked all his life in Pakistan. He is a skilled gemstone trader, who contributes to Pakistan's economy, especially its exports.
The petition claims that the petitioner has the right to citizenship under section 4 of the Pakistan Nationality Law of 1951. This law, which was adopted by the founding fathers of Pakistan, confers citizenship on all children born on Pakistani territory and does not discriminate between them. for reasons of race, ethnicity or religion.
The petitioner also relied on speeches made in Parliament by Prime Minister Imran Khan on October 18, 2018 and by the Minister of Human Rights on October 25, 2018, which created a legitimate expectation in favor of the petitioner.
In 2019, the petitioner repeatedly contacted Nadra officials in Islamabad to request a national identity card. However, he was refused on the grounds that his parents are Afghan refugees. He served Nadra with legal notices to remind her of Pakistan's non-discriminatory citizenship laws, but received no response.
The petitioner states that he was not only born in Pakistan, but that he spent his whole life here. He has never even visited or seen Afghanistan. Pakistan is the only home he knows. All of his friends are from Pakistan. All his life, he paid indirect taxes (sales tax on goods, sales tax on services, customs and excise duties) to the state of Pakistan and he always respected the laws Pakistani women.
He is as much a citizen of Pakistan as anyone born within the territorial limits of Pakistan. The petition indicates that due to the absence of CNIC, the petitioner suffers daily. He is unable to open a bank account. He is unable to obtain a passport. He is unable to purchase a motorcycle in his own name.
He is unable to obtain the relevant business licenses, which would allow him to run a business. As a result, he is doomed to live the life of a second-class citizen who can only work for others but cannot run his own business.
The petitioner claims that he and the others in his position are currently governed by the status of second class citizen, which is a form of exploitation which must be eliminated, as required by the law. article 3 of the Constitution.
In addition, if the legal status of the petitioner and others occupying his position is recognized as requested in this petition, they will be able to contribute substantially to the Pakistani economy through their hard work.
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