Law: National Database and Registration Authority Ordinance, 2000

Section: 17(1),30(1)(d)

National Database and Registration Authority Ordinance (VIII of 2000)--- ----Ss. 17(1) & 30(1)(d)---Non-Surrendering of CNIC of the deceased---Penal consequences--- Scope under constitutional jurisdiction of the High Court had sought directions to NADRA to get recovered original CNIC of his deceased father from the possession of his brother/respondent (brother) denied possession of original CNIC of their late father---Father of petitioner and respondent was undisputedly, holding a CNIC---Section 17(1) of the National Database and Registration Authority Ordinance, 2000 provided that in case of death of holder of a Card, inter alia, the heirs were bound to surrender Card of deceased within 60 days of such death---Refusal or failure to produce or surrender the card entailed penal consequences under S.30(1)(d) National Database and Registration Authority Ordinance, 2000 and in view of clear provisions of Ss. 17(1) and 30(1)(d) National Database and Registration Authority Ordinance, 2000, it was the legal duty of NADRA to direct the concerned person to surrender the original CNIC of the deceased, if same was not already produced---If the legal heirs were not in possession of original Card of deceased, they might satisfy the concerned Authority to that effect---NADRA was directed by the High Court to proceed in the matter strictly in accordance with provisions of National Database and Registration Authority Ordinance 2000---Intra-court appeal was allowed accordingly. THIS ORDER PASSED BY: ABID AZIZ SHEIKH, JUSTICE:---.--- Through this appeal, the appellant has challenged the order dated 17.02.2017 whereby the writ petition filed by the appellant was dismissed. 2. Relevant facts are that appellant filed writ petition, seeking direction against NADRA Authorities to ensure the surrender of CNIC of appellant's deceased father, Ashiq Muhammad Khan from possession of appellant's brother i.e. respondent No. 3. The writ petition was dismissed, hence this appeal. 3. Learned counsel for the appellant submits that he is only seeking direction against respondent No. 2 NADRA to direct respondent No. 3, to surrender the CNIC of the deceased father of the appellant. He submits…

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