PESHAWAR: Peshawar High Court has granted bail to three persons including two Afghan refugees arrested on charges of attempting to procure CNIC (computerised national identity card) and passport on the basis of fabricated birth registration documents.

A single-member bench of Justice Syed Arshad Ali accepted bail petitions of the three suspects named Masood Khan (Pakistani citizen) and the two Afghans, Jamshed and Zubair, on condition of furnishing two surety bonds of Rs300,000 each.

The bench observed that the charges against which the petitioners were confronted with did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure, therefore, as a rule they were entitled to the concession of bail.

The bench observed that the relevant authorities to investigate the matter would be either Nadra (National Database and Registration Authority) or FIA (Federal Investigation Agency) so that the allegations could be logically concluded.

The bench directed that the matter should be referred to the regional office of Nadra Lower Chitral to take appropriate steps in this regard.

The FIR of the occurrence was registered at police station Chitral City March 23, 2024, under section 419, 420, 468, 471, 34 and 109 of Pakistan Penal Code, section 14 of the Foreigners Act and section 30 of the Nadra Act.

The complainant in the case was a sub-inspector who claimed that during routine patrolling of the area along with other police officials they spotted certain persons in suspicious conditions.

He stated that on inquiry they disclosed their names as Masood Khan, Inam and Mohammad Khan, residents of Gool Arandu (Chitral).

He stated that in respect of their identity the suspect Masood produced his CNIC, whereas the other two persons produced Nadra form and token of procurement of CNICs.

The complainant stated that for further satisfaction the three suspects were brought to the police station and during cursory interrogation Inam and Mohammad Khan identified themselves as Afghan nationals.

He claimed that Inam disclosed that his real name was Jamshed, whereas Mohammad Khan said that his name was Zubair. He added that both of them stated that being Afghan nationals they intended to go abroad on the strength of alleged forged and fictitious Pakistani passport and CNIC.

Allegations against the petitioner Masood Khan were that he had facilitated one of the petitioners/suspects Jamshed by disguising his name as Inam, one of his son in the Form ‘B’ as well as in his family tree and thus the said Jamshed on the basis of the same had applied to Nadra for procurement of CNIC as well as passport.

The police claimed that the Jamshed by deceitful manner had represented himself as Inam in Nadra record.

Similarly, the petitioner Zubair had also manoeuvred to obtain the documents from Nadra showing himself as Pakistani citizen.

The record also showed that the two petitioners Jamshed and Zubair had also been given POR (proof of registration) cards meant for Afghan refugees.

The petitioners’ counsel, Sabir Shah, argued that the petitioners were implicated in a forged case.

He contended that the provisions of law wherein the petitioners were charged were not included in the prohibitory provisions of the CrPC. He added that the police was not proper forum for conducting investigation in the matter.

Published in Dawn, April 29th, 2024