' QALANDAR ALI KHAN J. Gul Shereen Bibi, petitioner, has filed this writ petition against Federal Government of Pakistan through Secretary, Ministry of Interior, Islamabad, (respondent No,1) and 5 others, but mainly against National Database and Registration Authority (NADRA), which blocked her Computerized National Identity Card (CNIC).
2. In her writ petition, the petitioner based her claim of entitlement for CNIC on the grounds that she was born in village Darwaish, Tehsil and District Haripur, in the year 1970, according to the birth Certificate issued by NADRA; that her father was residing along with his family in the Country prior to partition and was a permanent resident of village Darwaish, Tehsil and District Haripur, as such the family members of the petitioner were issued CNICs by NADRA, including her brother Khial Khan who went abroad on Pakistani Passport issued in the year 1971, served there and returned in the year 1979. Likewise, the real uncle of the petitioner namely Mir Badshah got his domicile in the year 1975; that the petitioner also applied for CNIC and she along with other family members mentioned .In the writ petition were issued CNICs as they were Pakistani Nationals by birth; that mother of the petitioner, Mst. Sarwar Bibi, who died and her death certificate was issued by the Union Council Haripur like death certificate of father of the petitioner, Zaman Khan, had purchased landed property through Mutation No,4125 attested on 29.11.1995, along with Masood Khan son of Zaman Khan; that the petitioner came to know about blocking of her CNIC by NADRA when she applied for passport; that she approached Chairman, NADRA Islamabad and Wafaqi Muhtasib (Ombudsman)
Islamabad, but her case remained pending for verification, on the sole ground that her father had not obtained CNIC; that in the meantime the CNIC of her brother, Khial Khan, was also .Blocked, who approached this Court through W.P No,141-A.2013, which was forwarded to Secretary, Ministry of Interior, Islamabad, and his stance was accepted and his grievance redressed within the time specified by this Court; that her brother Khial Khan also contested election in the year 2000 from Union Council No,43, Tehsil and District Choha Sedun Shah Chakwal as councilor and was issued ID card by the Election Commission; and that Khial Khan and his son were also issued birth certificates by Union Council Administration, Lehar Sultanpur, Chakwal. On the aforesaid grounds, the petitioner prayed for a direction to the respondents to either restore her CNIC or issue fresh CNIC to her.
3. The respondents, particularly respondents Nos.1, 2 and 3, failed to furnish comments despite several chances granted to them for the purpose, and their representatives only informed the Court that verification in the case of the petitioner was still awaited. As a last resort, while keeping in view the hardship being faced by the lady petitioner, we heard the learned counsel for the petitioner, standing counsel for NADRA and Federal Government, Additional Advocate General for respondent No,5, and perused the record.
4. The striking and unfortunate feature of this case is that though all the other family members of the petitioner seem to have been issued CNIC, but she and her brother, Khial Khan, were deprived of the same. Her brother, Khial Khan, along with his other two family members approached this Court through Writ Petition No,141-A/2013, and their writ petition was converted as appeal and sent to the Secretary, Ministry of Interior, Islamabad, for redressal of the grievance of the petitioners within one month. According to the petitioner, the grievance of her brother Khial Khan was redressed within the specified period. It may be added here that this Court held in the judgment dated 14.03.2013 that Section 18(3) of NADRA Ordinance, 2000 provided the forum of appeal, obliging an aggrieved person to appeal to the Federal Government against the order and the decision of cancellation, impounding and confiscation of CNIC within 30 days of the order. The above referred provision also made it incumbent upon the Federal Government to provide opportunity of hearing to the appellant. It was in the light of the above provision of NADRA Ordinance, 2000 that the Court converted the Writ Petition No,141-A/2013 into appeal and sent the same to the Secretary, Ministry of Interior, Islamabad for redressal of the grievance of the petitioners.
5. When the aforementioned legal position was explained to the parties in the light of the above referred judgment of this Court, the parties readily agreed to the proposal that in line with the judgment of this Court dated 14.03.2013 in writ petition of the brother of the petitioner, Khial Khan, and his other two family members (W.P No,141-A/2013), the instant writ petition may also be converted into appeal and sent to the Secretary, Ministry of Interior Islamabad, for the needful.
6. Consequently, this writ petition is converted into an appeal within the meaning of Section 18(3) of NADRA Ordinance, 2000, and sent to the Secretary, Ministry of Interior, Islamabad, through the office of Additional Registrar of this Court, for redressal of the grievance of the petitioner within one month of the receipt of this order, while taking into consideration the above stated facts of the case and particularly final decision of the authority in the case of brother of the petitioner Khial Khan.
The decision so taken be communicated to the Additional Registrar of this Court at the earliest.