IN THE SUPREME COURT OF PAKISTAN 
 
       (Original Jurisdiction) 
 
 
 
 
PRESENT: 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
MR. JUSTICE GULZAR AHMED 
MR. JUSTICE SH. AZMAT SAEED 
 
 
CONSTITUTION PETITIONS NOS.39  & 90 OF 2011 
 
 
 
Const.P.39/2011 
Ch. 
Nasir 
Iqbal 
and 
others 
Vs. 
Federation of Pakistan through Secretary 
Law and others. 
 
 
Const.P.90/2011. 
Imran Khan, Chairman, P.T.I., etc. Vs. 
Federation of Pakistan. 
 
 
 
 
 
     
For the petitioner (s): 
 
Mr. Haroon-ur-Rasheed, ASC 
Mr. Mehmood A. Sheikh, AOR 
Mr. Hamid Khan, Sr. ASC 
Mian Abdur Rauf, ASC 
On Court notice: 
Mr. Irfan Qadir,  
Attorney General for Pakistan  
 
For the Federation: 
M. Dil Muhammad Alizai, DAG 
 
For the ECP: 
Mr. Muhammad Munir Paracha, Sr. ASC 
Mr. Adbur Rehman Khan, Addl. DG (L) 
For M/o Overseas: 
Mr. Nadeem Ashraf, Secy 
Mr. Mehboob Alam, Dy Chief  
Mr. Islam Din, Asstt. Chief  
Mr. Khurram Sherazi, LO (OPF) 
 
Date of hearing: 
14.02.2013. 
 
ORDER 
 
  
These petitions have been filed inter alia by the Overseas 
Citizens of Pakistan and Imran Khan, Chairman, Pakistan Tehrik-e-
       Const. P No.39 & 90-2011 
2 
Insaf (In Constitution Petition No.90 of 2011),  wherein relief has 
been claimed to the following effect:-  
“In view of the above circumstances and facts, it is 
humbly prayed that this Hon’ble Court may kindly be 
pleased to issue appropriate direction to the 
Respondents to make arrangements enabling the 
overseas Pakistanis as well to exercise their right of 
franchise as per mandate of the Constitution of 
Pakistan by preparing and updating electoral rolls and 
devising provisions for making it possible for Overseas 
Pakistanis to caste their votes in the forthcoming 
elections within the framework and scheme of the 
Constitution of Pakistan. It is further prayed that 
Respondents may kindly be directed to make 
appropriate measures for making it possible for the 
Overseas Pakistanis to cast their vote in Pakistan 
consulates 
and 
embassies 
like 
many 
other 
developed/developing countries do so.  
  
Any other relief deemed appropriate under the 
circumstances of the case may also be granted.”  
 
2. 
 
A similar relief has also been claimed by Ch. Nasir Iqbal 
and others (In Constitution Petition No.39 of 2011), which is 
reproduced herein below.  
“It is therefore most humbly prayed that the instant 
petition may kindly be accepted and respondents be 
directed to take all those steps which are necessary for 
implementation of the fundamental right of vote to all 
overseas 
Pakistanis 
including 
arrangements 
in 
Consulate and Embassies of Pakistan all over the 
world before the next General Election for National 
and Provincial Assemblies and an opportunity be 
       Const. P No.39 & 90-2011 
3 
provided to overseas Pakistanis of casting their 
votes.” 
 
3. 
 
During hearing of the petitions from time to time in 
presence of the learned counsel for the parties except making 
different suggestions for making arrangements to evolve a 
mechanism so that the Overseas Citizens of Pakistan may exercise 
their right of franchise, no concrete progress was made.  
4. 
 
In the circumstances, we had to issue notice to the 
learned Attorney General for Pakistan to assist the Court. Mr. Irfan 
Qadir, learned Attorney General has  appeared and stated  that his 
predecessor Molvi Anwar-ul-Haq, former Attorney General for 
Pakistan had made a statement during hearing of these petitions that 
an appropriate legislation would need to be adopted by the 
Parliament enabling the Overseas Citizens of Pakistan to exercise 
their right of vote during the general or by-elections in the country, 
therefore, now he would take up the matter with the high-ups to 
make progress before the forthcoming elections.  
5. 
 
We may point out that during the previous hearings, an 
impression was also given to us that the Cabinet is taking necessary 
steps to promulgate the law on the subject. When the case was taken 
up, Mr. Nadeem Ashraf, Secretary, Government of Pakistan, 
Ministry of Overseas Pakistanis¸ who was present in the Court in 
connection with hearing of  some other case, entered appearance and 
       Const. P No.39 & 90-2011 
4 
stated that Ministry of Overseas Pakistanis has already proposed 
legislation on this subject but so far no further progress has been 
made.  
6. 
 
Mr. Hamid Khan, learned counsel stated that in the 
neighbouring country by means of  subordinate legislation i.e. The 
Registration of Electors Rules, 1960, the Electors, who are residing 
outside India had been registered as voters and according to him in 
different countries, different modes have been adopted to afford an 
opportunity to their Overseas Citizens to cast their votes in the 
election which includes arrangement for the polling, by extending 
such facilities at the Diplomatic Missions for Personal Voting, Postal 
Ballots, Proxy Voting,  Electronic Voting or Fax Voting.  
7. 
 
Mr. Muhammad Munir Paracha, learned counsel for the 
Election Commission of Pakistan stated that according to the 
database provided by the NADRA on the basis of NICOP Cards, 
Pakistan Origin Cards and Identity Cards, 4 million Overseas 
Pakistanis have been registered. The Secretary, M/o Overseas 
Pakistanis pointed out that according to the data available with the 
said Ministry, there are 7.5 million Overseas Pakistanis and 
according to the information of the said Ministry, 5.2 million 
Overseas Citizens of Pakistan have been registered by the NADRA 
and NICOP Cards have been issued to them. On having heard all the 
parties, we are of the opinion that:- 
       Const. P No.39 & 90-2011 
5 
(1) 
The Election Commission of Pakistan must ensure 
that all the Overseas Citizens of Pakistan, who  are 
qualified/eligible for the registration of their votes  
in accordance with the Electoral Rolls Act, 1974 
and the Rules  framed there under must be 
registered as early as possible before the 
forthcoming elections. 
 
(2) 
The NADRA and the Ministry of Overseas 
Pakistanis may cooperate with the Election 
Commission of Pakistan for registration  of 
Overseas Citizens of Pakistan as voters and if need 
be  NADRA may also issue to eligible Overseas 
Citizens of  Pakistan, NICOP Cards, as completing 
this exercise would be helpful in registering their 
names as voters, if  their names have not been 
entered in the Electoral Lists so far. The Ministries 
of Law and Overseas Pakistanis as well as the 
Election Commission of Pakistan may convene a 
meeting to adopt a mechanism either by adopting 
an Electronic Voting System for which perhaps no 
legislation may be required. The possibility should 
also be explored for declaring Pakistani Diplomatic 
Missions (Embassies and Consulates, etc) as 
Polling Stations by the Election Commission of 
Pakistan where requisite information and data 
regarding Electoral Lists and Constituency-wise 
candidates could be made available electronically 
by the Election Commission of Pakistan, NADRA 
and M/o Overseas Pakistanis and after due 
identification and authentication of Overseas 
       Const. P No.39 & 90-2011 
6 
Citizens of Pakistan may be provided the facility to 
cast their votes either electronically or through a 
ballot paper issued at such Diplomatic Mission so 
that they can exercise their Constitutional right of 
franchise. The ballot papers cast at the Diplomatic 
Mission could be placed in a sealed envelope and 
thereafter sent to the Election Commission of 
Pakistan for the purpose of onward transmission to 
the respective Returning Officer/Presiding Officer 
of the relevant Constituency, which can be noted 
on the said envelope containing the ballot papers.  
 
(3) 
Similarly, the Election Commission of Pakistan, as 
per the directions of this Court in the case of 
Worker’s Party Pakistan v. Federation of Pakistan 
(PLD 2012 SC 681) can intimate all the Overseas 
Pakistanis, whose votes have already been 
registered, who are residing outside the Country 
about the details of their votes so they may make 
arrangements well before the time to report to any 
of the Diplomatic Mission for the purpose of 
casting the vote if the procedure tentatively 
discussed and noted hereinabove is adopted.  
 
(4)      However, any other procedure or method which is 
acceptable under the law and requires no 
legislation can be adopted and if legislation is 
required, 
the 
concern 
authorities 
with 
the 
cooperation of the learned Attorney General for 
Pakistan may do the needful expeditiously before 
the forthcoming General Elections, so that all the 
       Const. P No.39 & 90-2011 
7 
Overseas Citizens of Pakistan are given an 
opportunity to cast their votes.  
 
8.  
The learned Attorney General for Pakistan stated that he 
needs some time to hold a meeting with all the concerned 
authorities i.e. Ministries of Law and Overseas Pakistanis as well 
as the Election Commission of Pakistan, therefore, the case is 
adjourned for 22nd February, 2013, enabling all concerned to 
consider the options noted hereinabove and in the meantime, the 
learned Attorney General for Pakistan shall contact all concerned 
quarters for the purpose noted hereinabove.  
  
 
 
 
 
 
 
 
 
 
    Chief Justice   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Judge 
 
 
 
 
 
 
 
 
 
 
 
 
Judge  
 
 
 
 
 
 
 
 
 
 
 
 
Islamabad, the  
 
 
 
 
 
 
 
 
14th February, 2013.