SHC seeks report on East DC Office fire that destroyed domicile and PRC record

The Sindh High Court (SHC) on Thursday directed a provincial law officer to file a report with regard to a fire incident at the District East Deputy Commissioner (DC) Office, in which record of domiciles and permanent resident certificates (PRCs) was reportedly burnt.

The direction came on Muttahida Quami Movement-Pakistan leader and MPA Khwaja Izharul Hasan’s petition pertaining to issuance of fake domiciles and PRCs in the province.

During the hearing, Hasan submitted an application pointing out a news report aired on electronic media with regard to destruction of domiciles and PRC record at the East DC Office. He submitted that since the petition was pending before the court, it was apparent that the fire was caused intentionally.

He requested the high court to direct the East DC to submit a report with regard to the incident. A division bench of the SHC headed by Justice Mohammad Ali Mazhar directed a provincial law officer to file a report on the fire incident on January 11.

The high court earlier heard arguments of the counsel of an intervener with regard to the issuance of PRCs. He requested the bench to direct the authorities concerned to issue appropriate criteria for the issuance of PRCs.

Hasan and other MPAs had submitted in the petition that non-residents of the city were being issued domiciles by the government, which would deprive the people of Karachi of government employment. They said domiciles and PRCs should not be issued to non-residents as it was the right of the residents of the city to apply for government jobs. The petitioners maintained that non-residents had managed to obtain government jobs and admissions to professional universities on the basis of fake domiciles and PRCs on the urban quota, which deprived the citizens of Karachi of government jobs and admissions to professional colleges and universities.

A counsel for the petitioners submitted that the commissioner and deputy commissioners (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 the issuance of fake domiciles and PRCs.

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

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

The chief secretary had earlier filed comments on the petition mentioning that the certificate of domicile was issued under the Section 17 of the Pakistan Citizenship Act. He submitted that there was no specific number of people describing the urban population as people migrated to the urban areas in search of livelihood and education, etc.

He submitted that if a person migrated to another district, surrendered the domicile of his previous district and proved his permanent abode in the new district to the satisfaction of the authority concerned, he shall be issued a domicile of the new district as provided under the rules.

The chief secretary submitted that the Section 17 of the Pakistan Citizenship Act and the Rule 23 of the Pakistan Citizenship Rules entitled the person making application in the prescribed manner containing the prescribed particulars for grant of such certificate that the concerned authority (deputy commissioner) issued the same.

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

The chief secretary submitted that the citizenship rules provided investigation against a person if he obtained citizenship or domicile through fraud or false representation and if information of the person was found false and in that case the said person shall be prosecuted under the Section 177 of the Pakistan Penal Code.

He requested the SHC to dismiss the petition as not maintainable in view of the existing rules which provided the legal forum for redressal of the grievances in the issuance of a domicile/PRC under the Rule 8 of the PRC Rule 1971.