August 03, 2006	Thursday	Rajab 7, 1427

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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.