Peshawar High Court summoned the province government on Tuesday to respond to a challenge against a provincial law authorizing Nadra to issue letters of administration and succession certificates.
Justices Fazal Subhan and Farah Jamshed delivered the order after hearing the petition submitted by Peshawar Bar Association (PBA) president Amjid Ali Khan Marwat.
The petitioner requested that the court declare the Khyber Pakhtunkhwa Letters of Administration and Succession Certificate Act, 2021, which barred civil courts from exercising jurisdiction and superseded other laws in the field, unconstitutional.
The bench also requested the advocate general’s response to petitioner’s interim relief request. The petitioner sought the court suspend the statute while the case is decided.
Petitioner seeks court to halt law until petition finalized.
Petitioner claimed provisions 10 and 12 of the Act were irrational and violated Constitutional rights.
Petition respondents are KP government chief secretary, provincial law secretary, and Nadra chairman.
Advocates Zahidullah Zahid, Iftikhar Hussain Samandar, and Izharullah appear with Amjid Ali Khan.
The provincial government passed the KP Letters of Administration and Succession Certificate Act in 2021, requiring Nadra to issue letters of administration and succession certificates.
They said Nadra’s succession facilitation unit was created under section 4 of the Act.
According to them, the law created cumbersome mechanisms, forms, and a high fee structure.
They argued charging a lot in the name of services costs was illegal and exploitative because under the law, no court fee was necessary for certificates received through courts.
Apart from complicating and costing the process, provision 10 excluded court jurisdiction and section 12 gave the Act overriding effect.
They further contended that the two provisions conflicted with sections 5(B) and 8 of the same law. They argued the law has caused individuals problems.
The court was asked to declare the challenged law unlawful and against Pakistan’s Constitutional rights.
