Arshad Khan, famously known as the “Chaiwala” who rose to global fame in 2016 after a viral photo of him pouring tea circulated on Instagram, has had his computerized national identity card (CNIC) and passport blocked. The move has now been challenged in the Lahore High Court.
Justice Jawad Hassan of the Lahore High Court has issued notices to the federal government and other respondents in response to Arshad Khan’s petition, seeking to overturn the decision to block his identity documents.
The petitioner, who hails from Mardan, moved the court under Article 199 of the Constitution, arguing that the actions taken by the National Database and Registration Authority (NADRA) and the Directorate General of Immigration and Passports were unlawful and unconstitutional.
Representing Arshad Khan, his counsel argued that he symbolized the Pakistani dream, gaining international fame after his photo went viral while working as a tea vendor in Islamabad. Despite his global recognition, the blocking of his ID and passport has jeopardized his future and damaged his reputation, the lawyer stated.
He further contended that NADRA’s demand for proof of residence before 1978 was ill-intentioned and lacked legal basis, especially given that the petitioner’s family has documented proof of citizenship. Citing Articles 4, 9, 14, and 18 of the Constitution, the counsel said that the move violated Khan’s right to livelihood, dignity, and fair treatment.
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The court was also informed of previous rulings by the Sindh High Court, Islamabad High Court, and Lahore High Court that declared the blocking of identity documents without due process illegal.
Responding to the arguments, the Assistant Attorney General and NADRA’s legal representative questioned the maintainability of the petition, stating that the petitioner had failed to provide valid proof of Pakistani citizenship.
Justice Jawad Hassan, however, issued notices to the concerned authorities for April 17 and directed senior officials from NADRA and the Directorate of Immigration and Passports to appear with relevant records to justify their actions.
The court also barred authorities from taking any adverse or coercive measures against Arshad Khan until a final decision is made. The petitioner, who was born in Pakistan to Afghan refugee parents, presented a birth certificate issued by the Government of Pakistan. He has requested the court to formally recognize his citizenship under Section 4 of the Pakistan Citizenship Act, 1951, and to issue his identity documents accordingly.
The judge ruled that the petition is maintainable and directed NADRA to decide the matter within one month through a legally sound interim order. Importantly, the court restrained all government departments from taking any harsh actions against the petitioner until NADRA reaches a final decision.
