QAZI FAEZ ISA, C J.---That this petition has been filed by Mst. Zahra wife of Ahmad Ali and Mst.
Khatima Ahmad Ali daughter of Ahmad Ali. The petitioner No,1 is the mother of petitioner No,2. The petitioner No,1 sought renewal of her computerized national identity card ("CNIC") bearing No,54400-7458193-4 issued on 22-11-2002 which expired on 31-10-2007, but the card was not renewed. The petitioner No,2 after attaining the age of eighteen applied for a CNIC, but the same was not issued.
2.Petitioners' learned counsel states that both the petitioners had produced sufficient documentation before the National Database and Registration Authority ("NADRA") to respectively entitle them for renewal and issuance of CNIC, but they were denied their right thereto for no cogent reason. In this regard learned counsel refers to the documents filed with the petition in respect of the petitioners, Petitioner No,1 's documents:
(1) Previous (expired) CNIC issued on 22-11-2002;
(2) Manual national identity card ("MNIC.") bearing No,601-7- 384101 issued on 3-11-1988 and revised on 27-11-1996;
(3) Child Registration Certificate ("CRC") No,100700-05-0002205- 06, wherein her name is mentioned in the 3rd column;
(4) Voter list where her name is mentioned at serial number 334 of ward Shadenzai, District Quetta;
(5) Passport bearing No,326016 issued on 18-1-2000 from Quetta, wherein her MNIC number 601-67- 384101 is also mentioned: Petitioner No,2's documents
(1) CRC No,54400-1617638-0 mentioned at serial number 2;
(2) Birth Certificate issued by Municipal Corporation Quetta, wherein her date of birth is mentioned as 10-1-1991;
(3) Bachelors (BA) degree issued by the Government Girls College Quetta Cantonment, showing her enrolment as a regular student under Roll No,2687 having secured 383 marks in the 2nd Division;
(4) Higher Secondary School Certificate (FA) issued by the Balochistan Board of Intermediate and Secondary Education Quetta, showing Roll No,42927 and Registration No, 17373/08 and that she obtained 2nd Division;
(5) Her entry in the Pakistani passport of Petitioner No,1 under the children column, wherein her name is mentioned at serial number 1;
(6) Pakistani Passport bearing No,VX1792781 issued to her father;
(7) CNIC bearing No,54400-9855278-7 issued to her father;
(8) MNIC bearing No,601-93-384100 issued on 19-12-1993 to her father; and
(9) Certificate of Service of Ghulam Ali, the father of Mr. Ahmad Ali (and her paternal grandfather) who served in Pakistan Army as a sepoy bearing No,2199566.
' Learned counsel has also produced the original of the "Government of Pakistan National Identity Card Overseas Pakistanis" ("NICOP") bearing No,544009-855278-7, issued on 6-2-2013, i,e, after filing of the petition, which was examined by the representatives of NADRA in court.
3. The learned counsel for the petitioners has also produced before us the original of the following documents:
(1) Pakistani passport bearing No,326016 issued on 18-1-2000 to Petitioner No,1; CNIC bearing No,54400-9855278-7 issued on 1-3-20037 to Mr.Ahmad Ali son of Ghulam Ali;
(3) CNIC bearing No,54400-5129111-7 issued on 2-11-2005 to the brother of Petitioner No,2, namely, Nouroz-Ali s/o Ahmad Ali;
(4) CNIC bearing No,54400-7458193-4 issued on 22-11-2002 to Petitioner No,1;
(5) Petitioner No,l's MNIC bearing No,601-67-384101;
(6) Ahmad Ali's NICOP bearing No,544009-855278-7;
(7) International driving licence bearing No,68/2000-C&T issued on 2-5-2000 to Mr. Ahmad Ali son of Ghulam Ali.
(8) 'Bay Form' bearing No,3970068 issued on 26-6-1995 in respect of Mr. Ahmad Ali s/o Ghulam Ali; and
(9) CRC bearing No,100700-05-0002205-06 issued on 25-11-2005 in respect of Mr. Ahmad Ali; Mr. Zubair Naseem Khawaja and Mr. Sheryar Khan Achakzai, Assistant Director (Verification) NADRA have carefully examined the above documents.
4. Mr. Zubair Naseem Khawaja has opposed the petition and has placed reliance upon the comments filed by the respondent No,2. He further states that the petitioner No,1 does not have a legitimate MNIC number and that the petitioner No,2's name is not mentioned in the local certificate of her father. He has also referred to the following entry under title 'Suspect Cases' in the Standing Operation Procedures issued by NADRA's Legal Department: "Respective P/RHQ is authorized to adopt any mechanism for verification of such cases and all cases will he sent to Ops Dte duly signed by respective GM for clearance/blockage".
5. The petitioners have attached overwhelming evidence with the petition. The original of the documents mentioned above were also produced before us, which appeared to be genuine, and which were thoroughly examined by the Assistant Director (Verification) and he did not point out any discrepancy therein. None of the documents relied upon by the petitioners, which are spread over several years, have been refuted or alleged to be forged or fake. Both the petitioners have produced overwhelming evidence to establish that they are Pakistanis. The petitioners' father/husband, daughter/sister and son/brother have been issued CNICs, but the petitioners are denied CNICs for no cogent reason. The petitioners went to the offices of NADRA repeatedly with the above mentioned documents, which were examined by the officers of NADRA, but to no avail.
Under the circumstances of the case NADRA had to state the reasons for not issuing CNICs to the petitioners, but it has not provided any rational reason for not doing so.
6. The respondent No,2 overlooked the fact that it had itself issued the CNIC to Mr. Ahmad Ali the husband of petitioner No,1 and the father of petitioner No,2 and also to a daughter/sister and son/brother of the petitioners, That upon receipt of notice from court NADRA should have revisited the matter and removed the blockage against the petitioner No,1 and issued the CNICs to the petitioners Nos.1 and 2, but they elected not to do so and strongly contested this petition. Non- issuance of CNICs undoubtedly caused suffering to the petitioners,
7. Therefore, for the aforesaid reasons we allow the petition and direct the respondent No,2 to issue CNICs to the petitioners not later than thirty days. The respondent No,2 is also directed to pay Rupees five thousand to each of the petitioners as compensatory costs (total Rupees ten thousand only).
8. In conclusion we are constrained to observe that a large number of cases of non-issuance of CNICs in respect of persons belonging to the ethnic Hazara community are coming before us. The petitioners too belong to this community. It may be that there is a bias or prejudice against this community amongst the concerned local officers of NADRA. The Constitution of the Islamic Republic of Pakistan absolutely forbids any sort of discrimination, and in fact Article 33 of the Principles of Policy states, that, "the State shall discourage parochial, racial, tribal, sectarian and provincial prejudices among the citizens". It is incumbent upon the respondents to stamp out any such bias or prejudice and to instruct their officers in this regard.