Legal Case Summary

Case Details
Case ID 00949c66-5c53-4573-9239-547b0c6bed13
Body View case body.
Case Number Writ Petitions Nos.1192 of 2004, 1409 of 2007, 721
Decision Date Jun 09, 2009
Hearing Date
Decision The Lahore High Court, in its ruling on Writ Petitions Nos. 1192 of 2004, 1409 of 2007, and 7212 of 2008, dismissed the applications challenging the issuance of domicile certificates. The court held that the petitioners had not established their residency claims in the Mauza Khumbi Tribal Area of District Rajanpur. The court noted that all relevant documents were already part of the record during the initial hearing and concluded that the previous order was neither obtained through fraud nor misrepresentation. The High Court emphasized that the review applications did not meet the legal requirements for a review as they sought a re-hearing rather than correcting errors. Consequently, the court declined to interfere with the earlier judgment, thus maintaining the integrity of the legal proceedings.
Summary This case revolves around the refusal of domicile certificates to Miss Saima Bukhari and her brother Syed Hassan Raza Bukhari by the District Coordination Officer (DCO) of Rajanpur. The petitioners argued that they were entitled to the certificates under the Pakistan Citizenship Act, asserting their residency in the area. The Lahore High Court scrutinized the claim, focusing on the evidence presented and the procedural integrity of prior rulings. The court ultimately upheld the DCO's decision, reinforcing the importance of jurisdictional authority and the necessity for accurate representation of facts in legal petitions. This case underscores critical aspects of administrative law, citizenship rights, and the procedural intricacies of judicial reviews in Pakistan. Keywords include domicile certificate, Pakistan Citizenship Act, Lahore High Court, review applications, and residency claims.
Court Lahore High Court
Entities Involved Not available
Judges NASIM SIKANDAR, J
Lawyers Ch. Muhammad Javaid Aslam, Amin-ud-Din Khan, Muhammad Suleman Khan
Petitioners Miss SAIMA BUKHARI, Syed Hassan Raza Bukhari
Respondents 3 others, DISTRICT COORDINATION OFFICER, RAJANPUR
Citations 2010 SLD 425, 2010 CLC 478
Other Citations Asif Jah Siddiqui v. Government of Sindh and others PLD 1983 SC 46, Miss Rizwana Andleeb v. Principal, Chandka Medical College Larkana and another 2003 SCMR 1944, Miss Dur-e-Sameen and another v. Selection Committee through Chairman. Balochistan Public Service Commission, Quetta and 4 others 1997 SCMR 270, Syed Dawood Shah v. Adnan Kamal and another 2002 CLC 413, Mst. Jameela Kausar v. Board of Intermediate and Secondary Education and others 2003 SCMR 153, Rahat Saeed Bukhari v. Aisha Hameed Qadir and another 1997 MLD 218 (SCAJ&K), Muhammad Alamgir and others v. Muhammad Iqbal and others 1983 CLC 2919, Mubasher Ahmad v. Mian Tahir Raza and others PLD 2002 SC 270, Mst. Saadat-ur-Rehman v. Muhammad Zaarat Khan and 3 others PLD 1998 Pesh. 1, Shah Hanif and 20 others v. Col. Yar Muhammad Khan and 7 others 2000 MLD 1740, Subedar Muhammad Hussain v. Mst. Shah Begum and others 1990 MLD 2100
Laws Involved Pakistan Citizenship Act, 1951, Civil Procedure Code (V of 1908)
Sections 17, 12(2), 151, 114