| Citation(s) |
|---|
| 2022 SLG 1312 2022 SLD 1312 2022 PLD 73 |
Balochistan High Court
Civil Revision No. 229 of 2017, decided on 31st May, 2021.
ABDUL HAMEED BALOCH, J
Akram Shah for Petitioner. Nadeem Akhtar, Law Officer NADRA for
Respondent.
Civil Revision No. 229 of 2017, decided on 31st May, 2021.
ABDUL HAMEED BALOCH, J
Akram Shah for Petitioner. Nadeem Akhtar, Law Officer NADRA for
Respondent.
FATIMA
VS
NATIONAL DATABASE AND REGISTRATION AUTHORITY through Director General
Law: National Database and Registration Authority Ordinance, 2000
Section: 10
Law: Punjab Women Protection Authority Act, 2017
Section: 132,133
(a) National Database Registration Authority Ordinance (VIII of 2000)--- ----S. 10---National Identity Card---Blockage of National Identity Card (CNIC)---Opportunity of hearing---Burden of proof---Scope---Plaintiff obtained manual national identity card and thereafter, obtained CNIC (Computerized National Identity Card) from NADRA (National Database Registration Authority)---On expiry of CNIC, the plaintiff approached the Authority for renewal, which was refused on the ground that her CNIC had been blocked---Record reflected that the plaintiff was duly registered by the Authority under the National Database and Registration Authority Ordinance, 2000 and after fulfilling all legal requirements the Authority had issued CNIC to the plaintiff---Plaintiff was admittedly a citizen by birth as such she was automatically a citizen of Pakistan---Burden of proof was on the Authority to prove that the plaintiff was not a citizen of Pakistan---Mere verbal assertion was no ground to deprive a person from his/her fundamental rights---Right guaranteed by the Constitution could not be taken away by notification---Authority had blocked CNIC of the plaintiff without any notice---Authority had acted arbitrarily and in a capricious manner---Authority had failed to discharge its burden regarding blockage of CNIC---Revision petition was accepted and the suit was decreed. Hafiz HamdullahSaboor v. Government of Pakistan through its Secretary Ministry of Interior Writ Petition No. 3748 of 2019 and Director General NADRA v. Bibi Saira, Civil Revision Petition No. 433 of 2019 rel. (b) National Database Registration Authority Ordinance (VIII of 2000)--- ----S. 10---Constitution of Pakistan, Part II, Chap. 1 [Arts. 8 to 28]---National Identity Card---Fundamental rights---Blockage of National Identity Card (CNIC)---Effect---Blockage of CNIC has grave consequences---It effects the person’s life and is a denial of fundamental rights as guaranteed by the Constitution---On cancellation or blockage of CNIC the person loses every fundamental right i.e. education, health, employment, etcetera. (c) Administration of justice--- ----No one can be condemned unheard. (d) Administration of justice---…
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