PESHAWAR, Aug 2: The Peshawar High Court on Wednesday directed the interior division to positively furnish comments in reply to a writ petition filed by an Indian couple challenging the demand of Rs five million from them in return of restoring their Pakistani citizenship.
A two-member bench comprising Justice Ijaz Afzal Khan and Justice Raj Mohammad Khan was informed by the deputy attorney- general, Salahuddin Khan, that the interior division had yet not filed comments as per the directives of the high court.
The bench directed that comments should be positively filed before next date of hearing. The petition has already been admitted to full hearing.
The couple, Mr Kaniya Lal and Mrs Nisha Lal, had renounced their Pakistani nationality in 1999 when they had gone to India and were granted Indian citizenship. However, in 2004, they returned to Pakistan and applied to the interior division for restoration of their Pakistani nationality.
The petition has jointly been filed by the couple. They have challenged a letter of the interior division sent to them by a section officer wherein they were directed to deposit Rs five million or equivalent amount in foreign currency for getting the Pakistani citizenship. Mr Kaniya Lal was Pakistani national by birth. In 1983 he married Ms Nisha who was an Indian national. After their marriage she also got Pakistani citizenship.
However, when they visited India in 1999 they renounced their citizenship.
Mr Kaniya Lal claimed that his brothers and sisters and three children were also Pakistani citizens.
He stated that they had gone to India where parents of Mrs Nisha were seriously ill and they had to stay there for looking after them. He added that they returned back in May 2004 and since then their stay permit had been extended from time to time.
Advocate Niaz Wali Khan appeared for the petitioner and contended that the demand made by the interior division was illegal and contrary to the Citizenship Act of Pakistan.
Mr Khan argued that no where it was mentioned in the Citizenship Act that for resuming Pakistani citizenship of a person would pay such huge amount of money.
He said that the interior division had first issued letter to them on Jan 25, 2006, and a subsequent letter was issued on April 6 wherein they were directed to deposit the amount till May 11. He added that the petitioners could not pay such a huge amount.
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