Law: Constitution of Pakistan 1973

Section: 199

Law: General Clauses Act, 1897

Section: 24-A

Case Summary

The petitioner filed a constitutional petition under Article 199 of the Constitution of Pakistan, 1973, seeking restoration of his blocked CNIC. He argued that after his name had been removed from the Exit Control List (ECL) and Passport Control List (PCL) by the competent authorities, there was no legal justification for NADRA to continue blocking his CNIC. He maintained that the impugning of his CNIC violated his fundamental rights, including due process, freedom of movement, equality before law, and protection against arbitrary executive action.

NADRA defended its action by stating that the petitioner’s CNIC had been digitally impounded strictly in compliance with judicial orders passed by the Special Court (Offences in Banks-I), Lahore, in connection with pending criminal cases. It contended that NADRA had no independent authority to restore the CNIC unless the issuing Court modified or recalled its orders.

The Islamabad High Court dismissed the petition, holding that NADRA had merely implemented binding judicial directions and had exercised no independent discretion. The Court observed that where an executive authority acts pursuant to a valid court order, its action cannot be challenged separately in constitutional jurisdiction unless the judicial order itself is first challenged. Since the petitioner had not questioned the legality of the Special Court’s orders, the appropriate remedy was to approach that Court for modification or recall of the directions leading to the blocking of the CNIC. The writ petition was therefore held to be not maintainable.