The Federal Constitutional Court has ruled that tribal chieftains or sardars do not have legal authority to attest official documents such as domicile certificates, local certificates, or Computerised National Identity Card applications.
The verdict came while dismissing a petition filed by Ghulam Ali Khan, who sought official recognition as the “sardar” of the Kharoti tribe in Balochistan.
A two-member bench comprising Justice Aamer Farooq and Justice Rozi Khan Barrech ruled that the sardari system has no legal standing and cannot override statutory law.
The court emphasized that authority to attest documents can be granted only by explicit legal provisions or administrative rules—not by customary or tribal recognition.
The petitioner had approached the Ministry of Interior seeking permission to attest documents for his tribesmen, arguing they faced difficulties during verification processes.
After his request was denied, he filed a petition in the Balochistan High Court, which rejected the plea in July 2024. He later challenged the decision before the FCC.
In its detailed judgment, authored by Justice Barrech, the court highlighted that the sardari system was abolished under the System of Sardari (Abolition) Ordinance, 1976.
The ruling noted that:
The court further clarified that any claims by sardars to demand royalties or benefits from tribesmen, government bodies, or private entities lack legal validity unless supported by law.
It stressed that Pakistan’s constitutional framework is based on equality and the rule of law, where no parallel authority can exist outside statutory governance.
While acknowledging cultural protections under Article 28 of the Constitution, the court ruled that such rights do not extend to reviving or legitimizing abolished systems like sardari.
The petition was dismissed because it lacked legal merit and sought recognition of a system that no longer exists under Pakistani law.
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