FOR IMPLEMENTATION OF ORDER DATED 30-04-2011.
1. The case was previously at the stage of the compliance of the earlier orders and it is being offered as observed in order dated 30-11-2011 by the respondents that the petitioner should be directed to contact respondent No.1 for providing the data to apply for the issuance of new amended CNIC but since the petitioner has not yet performed his part of the process as such the arguments have been heard on the merits of the contempt application and I proceed to discuss and dispose off the application by discussion in the following paragraphs.
2. Briefly stated the version of the petitioner is to the effect that contempt proceedings should be initiated against the respondents because order dated 30-04-2011 passed by this court has not been implemented; that they have refused to accept the said order; that the costs amounting to Rs.45000/- should be granted to the petitioner; that the respondents should also be punished.
3. The version of the defendants in their joint written reply is to the effect that they cannot think about non compliance of the direction of the court of law; that identity card is a security document which cannot be issued without observing the requirements to ensure public security; that the grievance is under process; that it requires some time for verification to find out original person; that there is no cause of damages; that the application is to be rejected.
4. In this view of the matter, I find that the respondents can not be alleged to commit the contempt of court due to delay in the compliance of order dated 30-04-2011 because the matter hinges on the personal appearance of the petitioner at the concerned office so that his photographs should be taken and his data should be computerized along with thumb impressions and all the procedure to be adopted for the preparation of new ID card for which the respondents are prepared to comply while the previous delay has been caused due to computerized problems of data therefore the previous delay in the matter is hereby condoned and the present contempt application is disposed off with the direction for the completion of the process with cooperation of the petitioner under intimation to this court at the earliest.
5. The parties are left to bear their own costs.
6. The petitioner is entitled to get the original order as well as this order implemented by filing the application for implementation with reference to S.31, 32 & 36 of PCP Act, 2005, if so required, with the warning to the respondents that the costs to be incurred for and during the application for implementation would be liable to be recovered from them.
7. A copy of this order would be available for publishing on the internet to the website of PCPC for public disclosure and easy access of information to the consumers relating to the products and services in accordance with Rule 25 of PCPR 2009.
8. The file of this application is to be consigned to the record room duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.