nationality of Pakistan) for refugees and stateless communities. In the
context of stateless persons, many cases have arisen where ethnic
Bengalis living in Pakistan are detained under the Foreigners Act and
are subsequently tasked with providing evidence of their Pakistani
citizenship to remain in the country. However, a significant hurdle
faced by ethnic Bengalis (and others) in Pakistan to prove that they
are Pakistani nationals is the necessity to demonstrate ancestral
residency in Pakistan prior to 1978 and possession of a National
Identity Card. Due to this approximately 65 percent of the 700,000
inhabitants in Machar Colony, who are ethnic Bengalis, lack Pakistani
citizenship because they are unable to prove ancestral residency
before the Pakistan-Bangladesh war.27
It has been asserted that the obligation to produce residential proof
prior to 1978 is pursuant to a notification issued by the Ministry of
Interior dated 19 April 2017. The matter was discussed in 2021 by
the Sindh High Court in Abbu Hashim and Another v. Federation of
Pakistan in the context of NADRA blocking the CNIC cards of two
petitioners. The Court stated that the Ministry of Interior notification
was issued under Section 47 of the National Database and
Registration Authority Ordinance 2000 as a mechanism for clearing
blocked CNICs. It provides that if an applicant provides one or more
of the documents mentioned therein, their CNIC can be unblocked,28
however it does not direct for the blocking of a CNIC itself.29 In the
27
H. Maryam. (2021, September 19). Stateless ethnic Bengalis in Pakistan. Al Jazeera.
As per the notification, ‘Blocked CNIC will be cleared if applicant provides one or
more of following documents: 1. Land record registered prior to 1978 (verified by
Revenue Dept.); 2. Local/Domicile Certificate issued prior to 1978 and verified by
issuing authority; 3. Pedigree (Shajra-e-Nasab) issued and verified by Revenue Dept.;
4. Government employment certificate (or of blood relative), employed before 1990;
5. Verified educational certificates (issued prior to 1978); 6. Passport issued to
applicant prior to 1978.; 7. Any other document issued by Government of Pakistan
prior to 1978 and verified by issuing authority (including Arm License, Driving License
or Manual NIC issued prior to 1978 duly verified by record).’ See Abbu Hashim and
another v. Federation of Pakistan [2021] CP D-1761 of 2020 (Supreme Court), para
15.
29
See Abbu Hashim and Another v. Federation of Pakistan [2021] CP D-1761 of
2020 (Supreme Court), para 17.
28
16