Blocking CNIC to enforce court decree violates right to life, rules SC

Justice Muneeb Akhtar issues three-page judgment overturning SHC order, says identity card basic necessity

ISLAMABAD:

The Supreme Court has declared the Sindh High Court’s order to withhold a citizen’s national identity card illegal to enforce a court judgment, holding that depriving a citizen of a computerized national identity card (CNIC) is tantamount to depriving the fundamental right to life.

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Justice Muneeb Akhtar delivered a three-page written judgment stating that a national identity card is not a luxury but a basic necessity to lead an ordinary life. “Tomorrow will the courts also order disconnection of electricity and water connections to recover money?” the verdict was.

The court held that no provision under section 51 of the Civil Procedure Act authorizes the blocking of a national identity card and that without a clear statutory provision no court can order such an action.

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It further noted that an amendment made by the Peshawar High Court to the Code of Civil Procedure does not apply to Sindh province.

The case stems from a 2016 court order issued against the petitioner in a property dispute ordering him to deposit a certain amount. After non-payment, the trial court ordered the suspension of his national identity card – a decision which the Sindh High Court subsequently upheld. That judgment has now been overturned by the Supreme Court.

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