Baluchistan High Court's decision of domicile challenged in Supreme Court

  • December 9, 2017, 7:16 pm
  • National News
  • 751 Views

QUETTA Dec 8 (PPI): The decision of Balochistan High Court about domicile issue has been challenged in the Supreme Court of Pakistan.
The petitioner raised the question of law that the court has no jurisdiction over the matter it has passed the order on as Citizenship Act 1951 is a Federal law in which amendment can only be made by the National Assembly.
Residents of Quetta namely Naseem Hameed Yousufzai, Muhammad Khalid, Farrukh Shahzad, Yasir Khan Jadoon and others filed an appeal in SC requesting to declare null and void the decision of the high court in which the court declared that domicile cannot be used to obtain admission in educational institutes or employment. Instead a resident has to obtain a permanent residence certificate. In this context the provincial government was directed to do necessary legislation.
The petitioners through their counsel, Rauf Ata advocate VP SCBA said that the provincial government has no jurisdiction to legislate upon the subjects of citizenship, only federal government was empowered to legislate on this subject.
The petitioners stated that domicile is a legal certificate which is issued according to laws of citizenship. This decision can create division in the society.
It further stated that the term of settler is not defined in law hence the decision of high court may be declared null and void.