SHAUKAT AL! RAKHSHANI, J. The instant constitutional petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") by the petitioner, which carries the following relief; "1. Direct respondents Nos.1 to 3, in particularly respondent No.3 to issue a new CNIC (with duly modified/approved date of birth) to petitioner No.1 immediately without any further delay.
2. Direct respondents that, after issuance of a new CNIC to petitioner No. 1, entertain the CNIC renewal application of petitioner No.2 on priority basis, preferably within 15 days and;
3. Grant any other relief, which this Hon'ble Court deems fit and proper, in the circumstances of the case".
2. The petitioner No.1 having Computerized National Identity Card ("CNIC") and a valid passport, applied on 11.12.2023, seeking issuance of her CNIC after modification and correction in her date of birth from 01.01.1970 to 01.01.1950. The Zonal Board of National Database and Registration Authority ("NADRA") Quetta after considering the request of petitioner No.1 on 31.03.2024 made recommendation for change of date birth in her CNIC subject to final approval from respondent No.3, which approval was granted on 26.03.2024 by respondent No.3. The petitioners contended that after depositing due fee on 07.05.2024, respondent No.3 has been causing unnecessary and unreasonable delay in issuance of a corrected new CNIC to the petitioner No.1 as well denying renewal of CNIC of petitioner No.2, due to which they are facing serious hardships in their daily affairs, hence, this petition.
3. In response to the notices, respondents Nos. 2 and 3 filed their para wise comments, contesting the petition on legal and factual premises.
4. Heard. Record perused with able assistance of learned counsel for the adversial parties.
5. Petitioner No.1 has been denied issuance of a new CNIC after correction of her date of birth which was approved by respondent No.3 whereas renewal of CNIC has been refused to his son (petitioner No.2), causing hardships to both of them. Respondents Nos. 2 and 3 in their parawise comments admitted correction of date of birth of petitioner No.1 due to unrealistic variation between the date of birth of petitioners by NADRA Zonal Board and approved by respondent No.3. However, it was strenuously -urged by respondents Nos.2 and 3 that due to non-availability of evidence prior to 1978 their CNICs cannot be issued and renewed.
6. Admittedly, petitioner No.1 (Bibi Pato) was issued CNIC No.54400-2091654-0 by NADRA and on basis of CNIC, she also got issued passport bearing No.FV-3496541 dated 06.05.2024, whereupon she got visa and performed Hajj. NADRA had also issued CNIC bearing No.54400-1574-11 69 to her husband namely Ahmed, and as such, petitioner No.2 was issued CNIC No.54400-6851875-5.
Similarly, record also reflects that husband of petitioner No.1 and father of petitioner No.2 was also issued Manual National Identify Card (MNIC), whereas grandfather namely Abdul Ahad Khan of petitioner No.2 was issued MNIC bearing No.602-39-216845 in the year 1976, thus there appears a chain of evidence, whereby petitioners have every right and entitlement to have CNICs issued by respondents in their favour.
7. The issue arose when respondent Nos.2 and 3 refused to issue corrected CNIC to petitioner No.1 and declined to renew the CNIC of petitioner No.2 on the pretext to prove entitlement of petitioner No.1 prior to 1978 as per SOP of Ministry of Interior ("MoI") Government of Pakistan to clear her national status.
8. In order to resolve the controversy in hand, it would be appropriate to reproduce section 18 of the National Database and Registration Authority Ordinance, 2000 ("Ordinance, 2000") which reads as under:- "18. Power to cancel, impound or confiscate cards.-(1) A card issued under this Ordinance shall be the property of the Federal Government and may, by an order in writing under the seal of the Authority or an officer authorized by it in this behalf, be required to be returned and shall also be liable to be cancelled, impounded or confiscated by a like order: Provided that no order shall be made unless such person has been given notice in writing calling upon him to show cause why the order should not be made.
(2) An order under subsection (I) cancelling, impounding or confiscating a card may be made only if there is reason to believe that-
(a) the card has been obtained by a person who is not eligible to hold such card, by posing himself as eligible;
(b) more than one cards have been obtained by the same person on the same eligibility criteria;
(c) the particulars shown on the card have been obliterated or tampered with; or
(d) the card is forged.
(3) Any person in respect of whose card an order under sub-section (I) has been made may, within thirty days of the order, appeal to the Federal Government against the order and the decision of the Federal Government in appeal shall he final,.
Provided that no order on such appeal shall be passed unless the appellant has been given an opportunity of being heard".
9. Section ibid clearly manifests, that a card (CNIC) issued under this Ordinance, shall not be cancelled and confiscated unless notice has given to such person and that an order can only be made, if his case falls within the clauses (a) to (d) of clause (2) of section 18 of the Ordinance, 2000.
10. Undeniably, there is no allegation against the petitioners for being ineligible, obtaining more than one cards, showing obliterated particulars, tempering with the card or the card being forged.
The petitioners were issued CNIC by the concerned officials of NADRA after due compliance of the provisions of Ordinance, 2000 and rules framed there under.
11. It was argued on behalf of NADRA that pursuant to paragraph (1) of the notification of MoI Government of Pakistan ("GoP") dated 19.04.2017 in exercise of the powers conferred under section 47 of the Ordinance, 2000 certain conditions are attached with to clear the blocked CNICs by furnishing documents to prove citizenship, which includes land record registered prior to 1978, (ii) local/domicile certificate issued prior to 1978 and verified by issuing authority, (iii) pedigree (Shajra-e-Nasab) issued and verified by Revenue Department, (iv) Government employment certificate (or of blood relative), employed before 1990, (v) verified educational certificates (issued prior to 1978), (vi) passport issued to applicant prior to 1978, or (vii) any other documents issued by GoP prior to 1978, arms and driving licenses, or MNIC issued prior to 1978 duly verified by record. The condition so enumerated vide notification dated 19.04.2017 may have application in certain cases, but in the case of petitioners, it has no applicability.
12. The connotation "reason to believe" mentioned in section 18 of the Ordinance, 2000 demonstrates that if there is reason to believe that the card has been obtained by a person who is not eligible or has tempered or obtained the CNIC by showing obliterated particulars or the card is found forged, his card shall be canceled, but in order to establish such allegations, the NADRA must substantiate it through tangible evidence by undertaking exercising as contemplated under section 18 of the Ordinance, 2000, otherwise, genuineness and authenticity of CNIC would be attached therewith.
13. In the instant case, presumably the petitioners were issued CNICs with all due care and cautions, while adhering to the provisions of Ordinance, 2000, rules framed there-under and SOPs enacted for the purpose of issuance of CNIC, unless contrary is proved by the NADRA, which in the instant case has not been done. The previous CNICs were also issued to the petitioners by the NADRA, therefore, no adverse presumption can be inferred that officials of the department did not apply requisite law and mind.
14. Epitome of the above discussion is that the petitioners have sufficient documents to prove their entitlement to get issued and renewed their CNICs, more particularly in absence of proof of any wrong doing by NADRA on the part of petitioner.
For what has been discussed above, the petition is allowed and consequently respondents Nos. 2 & 3 are directed to issue corrected CNIC to petitioner No.1 so approved by respondent No.3 as well as issue renewed CNIC to petitioner No.2 accordingly, without any delay. Office to transmit a copy of this judgment to DG NADRA, Balochistan, for information and compliance.