SHC issues notice to Nadra on plea against issuance of domiciles to non-residents in Karachi

The Sindh High Court has directed the additional director of the National Database Registration Authority (Nadra) to assist the court in a petition of Muttahida Qaumi Movement-Pakistan (MQM-P) lawmakers against the issuance of domiciles to non-residents of Karachi.

The petition also sought the formulation of a policy with regard to the issuance of domiciles.

Filing comments on the petition, the chief secretary submitted that the certificate of domicile was issued under Section 17 of the Pakistan Citizenship Act. He submitted that there was no specific number of people describing the urban population as people migrating to the urban areas in search of their livelihood, employment and education, etc.

He submitted that if a person migrates to another district, surrenders the domicile of the previous district and proves his permanent abode in the new district to the satisfaction of the authority, they will be issued the domicile of the new district as provided under the rules.

The chief secretary further stated that Section 17 of the Pakistan Citizenship Act and Rule 23 of the Pakistan Citizenship Rules entitle the person filing an application in the prescribed manner containing the prescribed particulars to receive such a certificate from the authority (deputy commissioner).

He submitted that as per the fixed quota of 60 per cent rural and 40 per cent urban, every citizen of the relevant area has the equal right and opportunity to compete for recruitment. He added that any person aggrieved by the grant of a certificate of domicle/PRC may prefer an appeal before the authority for cancellation as per the law.

The chief secretary informed the court that citizenship rules provide for an investigation against the person if he obtains citizenship or domicile through fraud or false representation, and if information of the person is found false, the person shall be prosecuted under Section 177 of the PPC.

He requested the court to dismiss the petition as not maintainable in view of rules which provide the legal forum for the redressal of grievances pertaining to the issuance of the domicle/PRC under Rule 8 of the PRC Rules 1971.

A division bench headed by Justice Mohammad Ali Mazhar, after taking the comments on record, issued a notice to the additional director of Nadra for assistance and fixed January 17 for further hearing of the case.

MQM-P leader Khawaja Izharul Hasan and other MPAs submitted in the petition that non-residents of the city were being issued domiciles by the government, and this practice would deprive the Karachiites of government employment. They said domiciles and permanent residence certificates should not be issued to non-residents as it was the right of the residents of the city to apply for government jobs.

They petitioners maintained that non-residents managed to obtain government jobs and admissions to professional universities on the basis of fake domiciles and PRCs issued against the urban quota and deprived the citizens of Karachi of obtaining government jobs and admissions to professional colleges and universities.

A counsel for the petitioners submitted that the commissioner and the DCs had been informed about the issuance of fake domiciles and PRCs along with evidence; however, no action was taken against the responsible officers.

The lawyer submitted that the commissioner and DCs had given assurances that they would be vigilant in the future, but brokers and agents were still facilitating the public at large in obtaining fake domiciles and PRCs.

The counsel argued that it was the duty of the government to ensure transparency and merit in government employment, and asked the SHC to direct the government to ensure that domiciles should not be issued to any non-residents.

The court was also requested to constitute a committee for scrutinising the domiciles and PRCs issued since 2008.