| Citation(s) |
|---|
| 2012 SLG 2769 2012 SLD 2769 2012 PLD 378 |
Lahore High Court
Writ Petition No. 11212 of 2012, decided on 4th May, 2012.
AYESHA A. MALIK, J
Ghulam Subhani for Petitioner. Badar Munir Malik, Standing Counsel with Jameel Khan, Legal Advisor, NADRA on courts call.
Writ Petition No. 11212 of 2012, decided on 4th May, 2012.
AYESHA A. MALIK, J
Ghulam Subhani for Petitioner. Badar Munir Malik, Standing Counsel with Jameel Khan, Legal Advisor, NADRA on courts call.
MUHAMMAD SALAHUDDIN
VS
NADRA
Law:
Section:
National Database and Registration Authority Ordinance (VIII of 2000) ----Ss. 9 & 5(3)---National Database and Registration Authority (NIC) Rules 2002, R.13---Constitution of Pakistan, Art. 199---Constitutional petition---Correction on National Identity Card issued by NADRA---Petitioner had sought correction on his national identity card on the ground that the name of his father had been incorrectly entered---NADRA (respondent) refused to make the necessary correction on the ground that for a change in the father's name; a court order was necessary---NADRA, to support such contention, relied on its Registration Policy and Standard Operating Procedures (SOPs)---Validity---Error was clearly a typographic mistake---National database was required to be maintained by NADRA, and every citizen was required to be registered and to effectuate such registration, every citizen was issued a national identity card---National Identity Card (CNIC) was a legal document for the identification of a citizen, and its issuance meant that the information contained therein was valid and correct---NADRA, by not correcting an error in its database or on the CNIC, was, in fact, going against the spirit of the Ordinance, and was not performing its primary function and was perpetuating a wrong in its own database, thereby negating the purpose of the national identity card---NADRA, was bound to maintain a correct database and was bound to print correct information on the CNIC and was obligated to correct any error in its database or the CNIC it issued to a citizen---Standard Operating Procedures (SOPs) and Registration Policy were internal instructions to enable NADRA to achieve optimum level of efficiency and to ensure consistency and infirmity in its procedure and process---Standard Operating Procedures (SOPs) did not have the force of law and were not binding on the NADRA---Standard Operating Procedures were internal documents, at best, and could not form the basis of denying the petitioner the right to have the correct information maintained in the citizen database and printed on the CNIC---Standard Operating Procedures could not form the basis for NADRA to refuse to correct an…
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