| Case ID |
1e26a365-10e8-4d46-a596-4109c8cf302f |
| Body |
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| Case Number |
Civil Revision No. 229 of 2017 |
| Decision Date |
May 31, 2021 |
| Hearing Date |
|
| Decision |
The court accepted the revision petition filed by the petitioner, FATIMA, against the judgment and decree dated 12th May 2017, which had dismissed her suit for the renewal of her CNIC. The court found that the National Database and Registration Authority (NADRA) acted arbitrarily in blocking her CNIC without providing any notice or opportunity for a hearing. The court emphasized that the burden of proof lies with the authority to demonstrate that the petitioner was not a citizen of Pakistan, which they failed to do. The court ruled that the blockage of CNIC has grave consequences affecting fundamental rights, including education, health, and employment, and cannot be imposed without following due process of law. |
| Summary |
This case revolves around the blockage of the Computerized National Identity Card (CNIC) of FATIMA by the National Database and Registration Authority (NADRA). The petitioner argued that her CNIC was blocked arbitrarily without any notice, infringing her fundamental rights guaranteed by the Constitution of Pakistan. The court highlighted that the authority failed to provide evidence proving that FATIMA was not a citizen of Pakistan, emphasizing the importance of due process in such cases. The decision underscores the legal principles surrounding citizenship, the right to a fair hearing, and the implications of blocking essential identification documents. This case sets a significant precedent in protecting citizens' rights against arbitrary administrative actions. Keywords include 'National Database and Registration Authority', 'CNIC blockage', 'fundamental rights', 'due process', and 'citizenship'. |
| Court |
Balochistan High Court
|
| Entities Involved |
|
| Judges |
ABDUL HAMEED BALOCH, J
|
| Lawyers |
Akram Shah for Petitioner,
Nadeem Akhtar, Law Officer NADRA for Respondent
|
| Petitioners |
FATIMA
|
| Respondents |
NATIONAL DATABASE AND REGISTRATION AUTHORITY through Director General
|
| Citations |
2022 SLD 1312,
2022 PLD 73
|
| Other Citations |
Hafiz HamdullahSaboor v. Government of Pakistan through its Secretary Ministry of Interior Writ Petition No. 3748 of 2019,
Director General NADRA v. Bibi Saira, Civil Revision Petition No. 433 of 2019,
Abdul Ghani v. Mst. Yasmeen 2011 SCMR 837,
Jan Muhammad v. Abdul Rehman 1999 CLC 266
|
| Laws Involved |
National Database and Registration Authority Ordinance, 2000,
Punjab Women Protection Authority Act, 2017
|
| Sections |
10,
132,
133
|