Tribal chiefs lack legal authority to attest documents, Federal Constitutional Court rules

ISLAMABAD: The Federal Constitutional Court (FCC) has ruled that the customary practice of nominating or recognising a chieftain/sardar by members of a tribe does not vest such an individual with the legal authority to attest local certificates, domicile certificates, or Computerised National Identity Card (CNIC) applications. The observations came while rejecting a petition filed by a self-proclaimed tribal chieftain seeking his recognition as the “sardar” of the Kharoti tribe. A two-judge bench consisting of Justice Aamer Farooq and Justice Rozi Khan Barrech rejected the petition of Ghulam Ali Khan, noting that the sardari system stood abolished under the law and that no individual could claim customary authority overriding statutory requirements. The petitioner, claiming to be the chieftain of the Kharoti tribe in Balochistan, had approached the interior ministry, seeking acceptance of his attestation for the issuance of local certificates, domicile certificates, CNICs, and passports for his tribesmen. He asserted that his fellow tribesmen face rigorous interrogation for procuring these documents. Following the refusal of his request by the interior ministry, he filed a writ petition before the Balochistan High Court (BHC), which also dismissed the plea on July 31, 2024. Consequently, he approached the FCC. Authored by Justice Barrech, a 12-page judgement explained that the authority to issue attestations could only be exercised where it was expressly conferred or recognised under specific statutory provisions or duly framed administrative rules. Therefore, even if the petitioner claims recognition as a tribal sardar under customary law, such recognition, in the absence of express statutory backing and administrative rules, does not ipso facto (by that fact) confer legal authority or binding effect upon public authorities to issue official documents solely because of his attestation. Thus, any declaration sought must be consistent with constitutional principles o