in Pakistan, the person would not come within the mandate of section 4 of the Citizenship Act.7 The Islamabad High Court also noted that unlike other countries that have qualified their right to citizenship by birth provisions over the years, Pakistan has not made changes to Section 4 of the Pakistan Citizenship Act that make its application conditional.8 However, in an earlier case of Ghulam Sanai v. the Assistant Director, the Peshawar High Court rejected the claim of the petitioner, who was a son of an Afghan refugee born in Pakistan and sought the issuance of a National Identity Card of Pakistan. The Court rejected his claim for citizenship, asserting that Section 4 of the Pakistan Citizenship Act could not be interpreted in isolation but must be considered alongside other sections of the Act. Specifically, the Court emphasized that Section 4 and 5 of the Act should be read together. The joint reading led to the conclusion that anyone born in Pakistan after the Act's commencement would be a citizen by birth, subject to the conditions outlined in Section 3, which mandates that the father must be a citizen of Pakistan for the child to derive citizenship by descent.9 In this ruling, the Peshawar High Court linked birth in Pakistani territory (Section 4) with descent (Section 5), asserting that only individuals born to Pakistani nationals are entitled to Pakistani citizenship. Consequently, the Court dismissed the Afghan refugee's claim for citizenship through descent for a National Identity Card. This judgment raises a concern regarding the reading of the jus soli principle with jus sanguinis (right of blood) principle for determination of citizenship. The jus sanguinis principle states that a person’s citizenship is determined through one or both of their parent’s citizenship. Conversely, the principle of jus soli, grants citizenship based on birth within a nation’s territory. The Pakistan’s 7 Ibid, para 12. Ibid, para 12. 9 Ghulam Sanai v. Assistant Director, National Registration Office [1999] PLD 18 (Peshawar). 8 5