same case, the Court pointed out the lack of “any logic or rationale” in “how this cutoff date was chosen from the year 1978”.30 With reference to the specific facts of the case, the Court further remarked: The domicile, earlier passports even the Nikahnama of the petitioners are being rejected solely for the reason that these documents were issued after 1978 but there was no rationale or commonsensical logic as to why 1978 cutoff date has been laid down in the Ministry of Interior letter and what is the fate of those persons who were not registered prior to 1978 whether they will be treated alien in this country despite having citizenship.31 However, it is important to note that the approach of the courts is different in cases where a pre-existing CNIC has been blocked rather than in cases where a first time CNIC is applied for by an individual unable to provide the required documentation. Similarly, a very large number of Afghan refugees have been born and raised in Pakistan for more than one generation, yet due to lack of documentation, they are unable to prove their right to citizenship and nationality in Pakistan. As such, they continue to be assessed with reference to the Foreigners Act; a large number of possible citizens of Pakistan from amongst the Afghan refugee population have reportedly been arrested, detained and deported to Afghanistan due to gaps in determination of nationality, in violation of constitutional protections in Pakistan. Even outside of their claims to Pakistani citizenship, mass arrests, detentions and deportations of Afghan refugees are indicative of violations of rights afforded to them as persons under the Constitution of Pakistan. 30 31 Ibid. (para 17). Ibid. (para 19). 17