| Citation(s) |
|---|
| 2022 SLG 1646 2022 SLD 1646 2022 PLJ 803 |
Lahore High Court
W.P. No. 21987 of 2022, decided on 10.5.2022.
TARIQ SALEEM SHEIKH, J.
Mr. Allah Nawaz Nasir, Advocate for Petitioner. Mr. Muhammad Akhtar Rana, Advocate for
Respondent No. 2. Syed Muhammad Haider Kazmi, Assistant Attorney General, with Imran Muhammad Naeem, Law Officer NADRA for
Respondent No. 3.
W.P. No. 21987 of 2022, decided on 10.5.2022.
TARIQ SALEEM SHEIKH, J.
Mr. Allah Nawaz Nasir, Advocate for Petitioner. Mr. Muhammad Akhtar Rana, Advocate for
Respondent No. 2. Syed Muhammad Haider Kazmi, Assistant Attorney General, with Imran Muhammad Naeem, Law Officer NADRA for
Respondent No. 3.
Hafiz AWAIS ZAFAR.
VS
JUDGE FAMILY COURT etc.
Law: Family Courts Act, 1964
Section: 17
Law: National Database and Registration Authority Ordinance, 2000
Section: 19(4),18(1)
Family Courts Act, 1964 (XXXV of 1964)-- ----S. 17--Execution of decree of dower--Blocking of national identity card--S. 10/11/12//18(2)/19 of National data base registration authority Ordinance, 2000--Art. 175 of Constitution of Pakistan, 1973--The National Database and Registration Authority Ordinance, 2000, (NADRA) provides for registration of all persons--Section 10 entitles every citizen to have National Identity Card who has attained age of 18 years and is registered under section 9--The Ordinance also makes provision for issuance of Pakistan Origin Cards (section 11), Overseas Identity Cards (section 12) and Alien Registration Cards (section 13), Section 19(4) stipulates that--In this backdrop it can be legitimately argued that CNIC is essential for enjoyment of a number of fundamental rights guaranteed by Constitution--A person cannot be deprived of it without due process--Section 18(1) of Ordinance stipulates--Executing Court has passed impugned order without taking section 18 of Ordinance into consideration--The said section does not allow blocking/digital impounding of CNIC of a person to compel him to appear before court--This cannot be permitted because it does not have sanction of law--Such orders are contrary to Article 175(2) of Constitution and concept of rule of law. National Database and Registration Authority Ordinance, 2000-- ----S. 19(4)--Issuance of card--Cards issued under Ordinance, including National Identity Card, shall be proof of identity as could be established from contents of such card. National Database and Registration Authority Ordinance, 2000-- ----S. 18(1)—Property of Federal Government--All cards issued by NADRA, including CNIC, shall be property of Federal Government and it may cancel, impound or confiscate it by an order after giving a show cause notice to holder. PLD 2020 SC 1; PLD 2017 Lahore 1; AIR 1978 SC 597; PLD 1994 SC 693; 2013 SCMR 1383; 2015 SCMR 1257; PLD 2010 Lahore 230; PLD 2019 Lahore 515; PLD 2017 Sindh 585 ref. JUDGMENT Respondent No. 2 instituted a suit for recovery of dower against the Petitioner in the Family Court at Lahore which was decided in her favour vide judgment and decree dated 13.08.2020. The…
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