Law: Constitution of Pakistan, 1973

Section: 199,4,9,14,25-a,35

Summary The petitioner filed constitutional petitions under Article 199 seeking direction to NADRA to issue her CNIC, claiming it is essential for her identity and fundamental rights. She alleged that despite multiple efforts and supporting family documentation, NADRA refused issuance on the basis of insufficient proof of nationality and a disputed origin record (“Alpha Family Null”). NADRA contended that the matter involves disputed questions of fact requiring proper inquiry and cannot be decided in constitutional jurisdiction. The Court held that issuance of CNIC involves determination of factual questions regarding nationality; however, since CNIC is a fundamental identity document linked to constitutional rights, NADRA must reconsider the case. The Court directed NADRA to re-examine the matter, provide hearing, and pass a speaking order within 30 days. Sections / Articles Used Article 199 – Constitutional jurisdiction Article 4 – Right to be dealt with in accordance with law Article 9 – Security of person Article 14 – Dignity of man Article 25-A – Right to education (referenced as fundamental right context) Article 35 – Protection of family 2-Word Descriptions CNIC Dispute Identity Verification         O R D E R The petitioner has filed the captioned Constitutional Petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer(s):- To direct the NADRA authorities to issue the CNIC to the petitioner as early as possible; Declaring that all acts taken by the respondents in this regard are void abinitio and in operative upon the right of the petitioner;   The petitioner claims entitlement to all fundamental rights guaranteed under the Constitution and earlier had approached the Wafaqi Mohtasib (Ombudsman) Secretariat; however, her complaint was disposed of under Regulation 23(1)(t) of the Wafaqi Mohtasib Investigation and Disposal of Complaints Regulations, 2013, with the observation that the matter involved disputed facts requiring adjudication by a court of competent jurisdiction. Thereafter, the petitioner approached National…