' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---The matter in hand arises out of an Article, published in Daily Express, on 14-11-2009, under caption wherein it was narrated that the members of Hindu Community, particularly, the womenfolk, being Pakistanis, are facing great difficulties in getting National Identity Cards from NADRA. It was further mentioned in Article that the entire Hindu Community (30 lac of the whole of Pakistan's population) has to face such difficulties.
2. The question, involved in the case, arose at the time, when a Hindu lady, namely Pramsori Mai wife of Gobend Gee, Resident of Rahimyar Khan, applied for passport, but could not get the same, as she was not in possession of CNIC. Therefore, under the circumstances, on realizing that fundamental rights of public importance of the Hindu Community are being violated, proceedings were initiated, vide listed Sue Mote Case and an order was passed on 23-11-2009, which was followed by orders dated 28-3-2012 and 30-3-2012. For convenience sake, contents of order dated 23-11-2009 are reproduced hereinbelow: "Learned Attorney-General under instructions from Mr. Hussain Habib Imtiaz Gill, DPO Rahimyar Khan stated that no criminal case has been registered against Mst. Premcor Mai and the apprehension shown in the article published in the newspaper Daily Express dated 14-11-2009 was correctly expresse4 However, we pointed out to him that Nikkahnama is not the only evidence to establish marriage between the couple because there are also other methods to establish that they are duly married to each other. However, the DPO states that as there is a lacuna in the policy issued by NADRA, therefore, normally without any documentary evidence to establish the tie of marriage between them she was not issued CNIC but according to him with his intervention the NADRA authorities in Rahimyar Khan have agreed to issue NIC in her favor, subject to furnishing affidavit by her.
2. We appreciate that Mr. Hussain Habib Imtiaz, DPO being a Police Officer had shown interest to legally resolve the controversy instead of involving the couple in unnecessary criminal litigation.
He placed on record copy of policy prepared by NADRA and suggested that in its 3rd column if NADRA agrees to incorporate that on furnishing affidavit by a lady testifying that she is married to someone, the NADRA should accept her version and there should be no problem or difficulty to issue NIC to the said lady.
3. Learned Attorney-General in this behalf has also drawn our attention towards section 14 of the NADRA Ordinance 2000 a perusal whereof indicates that it confers vast powers upon the authority for the purpose of facilitation/issuing of NIC. He further states that as far as Mst. Premcor Mai is concerned her matter shall be resolved within a day or so with the intervention of the DPO Rahimyar Khan. Meanwhile, he would approach the concerned authorities for the purpose of incorporating in the policy that on submission of affidavit duly attest by a wedded wife of Hindu School of thoughts she would be getting NIC.
4. Be that as it may as this is very important issue and has rightly been highlighted in the article published in the press, we would like to observe that if need be, the Government may consider not only to issue the policy but also make some legislation in this behalf However for delivering an authoritative judgment in this behalf we would like to issue notice to Kelash Nath Kohli, Advocate Supreme Court to appear as amicus curie and to assist this court in this behalf.
5. Copy of this petition along with this order and policy filed by the Mr. Hussain Habib Imtiaz, DPO along with report of NADRA be sent to the learned counsel (Kelash Nath Kohli) so he may come prepared to assist the Court.
' Adjourned to a date in office.
3. Now it has been informed by Mr. Mujahid 'Khan, Deputy Director (Legal), NADRA, present in Court, that in accordance with the commitment made before this Court on 30-3-2010, a Regulation is being issued for which Board meeting has been called, but meanwhile standing instructions have been issued to all concerned to ensure that the members of the Hindu community face no difficulty in getting CNICs. He has stated that the matter could not have been finalized for want of attendance of some of the members of the Board and is likely to be completed within a period of three weeks and the Regulation shall be promulgated to ensure that fundamental rights of Hindu Community available to them are fully .Protected.
4. In view of the statement so made by the Deputy Director (Legal), NADRA, we are of the opinion that no further action is called for Thus the listed Suo Motu-Case stands disposed of.,
5. However, Chairman NADRA is directed to submit his report within a period of two weeks for our perusal in Chambers. The regulation so issued shall also be made in the Electronic as well as Print Media so the members of Hindu Community may acquire knowledge about the facility of their getting CNIC being extended to them by NADRA.