PLJ 2022 Lahore 803
Family Courts Act, 1964 (XXXV of 1964)--
----S. 17--Execution of decree of dower--Blocking of national identity card--S. 10/11/12//18(2)/19 of National data base registration authority Ordinance, 2000--Art. 175 of Constitution of Pakistan, 1973--The National Database and Registration Authority Ordinance, 2000, (NADRA) provides for registration of all persons--Section 10 entitles every citizen to have National Identity Card who has attained age of 18 years and is registered under section 9--The Ordinance also makes provision for issuance of Pakistan Origin Cards (section 11), Overseas Identity Cards (section 12) and Alien Registration Cards (section 13), Section 19(4) stipulates that--In this backdrop it can be legitimately argued that CNIC is essential for enjoyment of a number of fundamental rights guaranteed by Constitution--A person cannot be deprived of it without due process--Section 18(1) of Ordinance stipulates--Executing Court has passed impugned order without taking section 18 of Ordinance into consideration--The said section does not allow blocking/digital impounding of CNIC of a person to compel him to appear before court--This cannot be permitted because it does not have sanction of law--Such orders are contrary to Article 175(2) of Constitution and concept of rule of law.
National Database and Registration Authority Ordinance, 2000--
----S. 19(4)--Issuance of card--Cards issued under Ordinance, including National Identity Card, shall be proof of identity as could be established from contents of such card.
National Database and Registration Authority Ordinance, 2000--
----S. 18(1)—Property of Federal Government--All cards issued by NADRA, including CNIC, shall be property of Federal Government and it may cancel, impound or confiscate it by an order after giving a show cause notice to holder.
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