In 2018, a significant legal decision in Islamabad clarified a fundamental right for thousands of people: the right to citizenship by birth in Pakistan. The case, known as Saeed Abdi Mahmud versus the National Database and Registration Authority (NADRA), revolved around a simple but crucial question. Does a person born on Pakistani soil automatically become a citizen, even if their parents are foreign nationals? The High Court’s answer was a powerful yes. This ruling reinforced the principle of jus soli, or “right of the soil,” which is a cornerstone of Pakistani nationality law.
Who Was Saeed Abdi and What Was His Problem?
Saeed Abdi Mahmud was a young man born in Islamabad in 1997. He had lived his entire life in Pakistan, attended school there, and was even studying law at a university in Islamabad. However, when he turned 18 and went to NADRA to get his Computerized National Identity Card (CNIC), officials refused his application. Their reason was straightforward but devastating: his parents were citizens of Somalia, not Pakistan. Because of his parents’ nationality, NADRA did not consider him a Pakistani citizen and denied him the essential proof of identity that is a CNIC. This denial affected his rights and his ability to function fully in society.
The Legal Battle for the Right to Nationality
Saeed Abdi decided to challenge NADRA’s decision in the Islamabad High Court. He filed a constitutional petition, arguing that the state was violating his fundamental rights. His case was simple. He was born in Pakistan, and the law clearly states that anyone born in Pakistan is a citizen by birth. His lawyer argued that NADRA’s policy of denying citizenship by birth in Pakistan based on parental nationality was illegal and against the Constitution.
What Does the Pakistan Citizenship Act Say?
The entire case hinged on the interpretation of one specific law: the Pakistan Citizenship Act of 1951, particularly Section 4. This section is the legal foundation for citizenship by birth in Pakistan. The law states, “Every person born in Pakistan after the commencement of this Act shall be a citizen of Pakistan by birth.” The court focused on the plain meaning of these words: “every person born in Pakistan.” The law does not say “every person born to Pakistani parents in Pakistan.” The language is intentionally broad and inclusive.
Are There Any Exceptions to This Rule?
The court also examined the exceptions listed in Section 4. The law says a person is not a citizen by birth if, at the time of their birth, their father was a diplomat with immunity from local laws or an enemy alien in a part of the country under enemy occupation. Saeed Abdi’s parents were neither diplomats nor enemy combatants. They were ordinary foreign nationals. Therefore, the court found that he did not fall into any of the exception categories. His claim to citizenship by birth in Pakistan was valid.
How the Court Explained Jus Soli (Right of the Soil)
The judge, Justice Mohsin Akhtar Kayani, explained the history behind the law. The concept of citizenship by birth in Pakistan is based on an ancient English common law principle called “jus soli.” This means a person’s nationality is determined by the place of their birth. The court noted that several countries, including the United States, Canada, and many in Latin America, still follow this principle. The framers of Pakistan’s citizenship law consciously chose to include this principle to define the new nation’s citizenry after partition.
What About Refugees and Foreigners?
A very important distinction emerged from the judgment. The court differentiated between a child born to foreign nationals who are living in Pakistan regularly and a child born to refugees. The court cited previous rulings that stated Afghan refugees, who are in Pakistan under a specific temporary arrangement with the UN, cannot automatically claim citizenship. However, the children of other foreign nationals, like students, workers, or residents, who are born in Pakistan are entitled to claim their right under Section 4 of the Pakistan Citizenship Act. This clarified a major point of confusion.
So, What Was the Final Decision?
The Islamabad High Court ruled decisively in favor of Saeed Abdi Mahmud. The court declared that NADRA was wrong to deny him a CNIC solely based on his parents’ foreign nationality. The court affirmed that every person born in Pakistan has the right to be considered for citizenship by birth in Pakistan. The judges ordered that Saeed Abdi must apply for formal certification of his citizenship through the proper channel—the Ministry of Interior—using the specified application forms. The court further directed the Ministry to process his application fairly and in accordance with the law within three months.
What Is the Process to Claim Citizenship by Birth?
The judgment did not mean that NADRA must issue a CNIC immediately to everyone born in Pakistan. Instead, it outlined the correct process. A person claiming citizenship by birth in Pakistan must apply to the Ministry of Interior with the required documents. These documents include a formal application form and an official birth certificate issued by a municipal authority or a registered hospital. Once the Ministry of Interior verifies the facts and grants a citizenship certificate, that person can then take that certificate to NADRA. NADRA is then legally obligated to issue a CNIC, as the person is now a verified citizen.
Why This Case Matters for Everyone
The Saeed Abdi case is a landmark ruling for human rights and constitutional law in Pakistan. It reinforces that the right to nationality is a fundamental right. The judgment ensures that children born in Pakistan to expatriates, foreign workers, or other legal foreign residents cannot be rendered stateless by government policy. It affirms that the law applies equally to everyone within Pakistan’s borders, as promised by Article 4 of the Constitution. This case provides clarity and hope for many individuals in similar situations who were born in Pakistan and consider it their home but have been denied official recognition. It firmly establishes that the right to citizenship by birth in Pakistan is a powerful and legally enforceable right.
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