Case Details

Citation(s)
2026 SLD 3366 = 2026 SHC 994
Sindh High Court
Constitution Petition No. S-1243 of 2025
Presented By: Hon'ble Mr. Justice Muhammad Hasan (Akber)(Author)
21.04.2026 Mr. Saalim Salam Ansari Advocate for Petitioner Mr. Shariq Mubashir, Assistant Advocate General

[Muhammad Rashid and another

VS

 Muhammad Moin]

Law: Code Of Civil Procedure, 1908.

Section: 51

Law: NADRA Appointment and Emoluments of Chairman and Members Rules, 2020

Section: 81

Law: Constitution of Pakistan, 1973

Section: 8-28,9,14

  Summary The petitioner filed an application challenging the order dated 06.10.2025 passed by the Executing Court, which directed blocking of his CNIC for recovery of a financial liability. The petitioner argued that such an order was unconstitutional, illegal, and lacked statutory authority. The Court referred to various judgments of superior courts holding that there is no legal provision under the Civil Procedure Code or other applicable laws allowing routine blocking of a citizen’s CNIC for execution of a decree. It observed that CNIC blocking severely affects fundamental rights, including identity, employment, business, banking, and access to essential services. Following these principles, the Court held that the executing court’s order was without lawful basis and violated the petitioner’s fundamental rights. Accordingly, the order was set aside, the CNIC was restored, and directions were issued to communicate the decision to the executing court and NADRA for implementation. Sections / Articles Used Civil Procedure Code, 1908 (CPC) Section 51, Civil Procedure Code, 1908 Section 18, NADRA Ordinance, 2000 Articles 8–28, Constitution of the Islamic Republic of Pakistan, 1973 Article 9, Constitution of the Islamic Republic of Pakistan, 1973 Article 14, Constitution of the Islamic Republic of Pakistan, 1973 2 Two-Word Descriptions CNIC Restoration Fundamental Rights ORDER   As an offshoot of the main petition, between the same parties in the same proceedings and the same dispute, this application (CMA No. 2753/2026) has been filed by the petitioner against the order dated 06.10.2025 passed by the learned XIIth Senior Civil Judge, Karachi (South) whereby the computerised National Identity Card [CNIC] of the petitioner was ordered to be blocked by the learned executing Court. On the last date of hearing, notice of the said application was waived, and a copy received, by learned counsel for Respondent No.1. Today, no one is in attendance on behalf of the Respondents. Learned counsel for the petitioner challenges the above Order on the grounds of unconstitutionality, illegality and absence of any statutory backing. Further…
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