M UHAM M AD AZAM KHAN, J.
1. Through the instant Writ Petition, the Petitioner [Muhammad Usman] seeks direction to the Respondent No. 2 [National Database and Registration Authority ("NADRA") to unblock the CNIC No. 82203-9290088-1 of his brother namely Muhammad Luqman.
2. The brief facts of the case in hand as per the Memo of Petition are that the Petitioner is real brother of Muhammad Luqman who holds National Identity Card No. 82203-9290088-1 (which is blocked) and Passport No. AK 8350881 (now expired). A case FIR No. 950/2023 under Section 489-F PPC dated 15.09.2023, Police Station Shalimar, District, Islamabad was registered by Tarteel Technologies SMC Ltd, against the Petitioner's brother who was not aware of the FIR and left Pakistan for Dubai for employment purposes. Subsequently, his perpetual warrants of arrest were issued by the learned Magistrate, vide Order dated 07.05.2024. In consequence of perpetual warrants of arrest, Muhammad Luqman's CNIC has been blocked by NADRA. Meanwhile his Passport expired and he cannot get it renewed due to CNIC blockage. He is now stranded in Dubai, unable to return to Pakistan to approach the Court of competent jurisdiction and join the investigation. Hence, the present Petition.
3. The learned counsel for the Petitioner argued that a compromise has been effected between Muhammad Luqman and the Complainant party. Muhammad Luqman instructed the Petitioner to approach this Honorable Court as he is unable to appear himself. He intends to return to Pakistan and surrender but is hindered by the blockage of his CNIC and the expiration of his Passport.
Moreover, there is a fear of his arrest upon arrival. The learned counsel further argued that blocking of Muhammad Luqman's CNIC violates his fundamental rights guaranteed under Articles 9, 10-A, 15, and 25 of the Constitution, restricting his freedom of movement and access to justice. The right to identity is the fundamental and non-derogable, reliance is placed on PLD 2022 Lahore 756, and international law emphasizes legal identity, as recognized in the Universal Declaration of Human Rights (1948) and the UN Convention on the Rights of the Child. The learned counsel submitted that CNIC is essential for enjoying Constitutional rights, and its blockage has severe consequences, depriving an individual of education, health, and employment (PLD 2022 Balochistan 73). The Petitioner seeks directions for NADRA to unblock Muhammad Luqman's CNIC (No. 82203-9290088- 1) to allow passport renewal, grant transitory bail for safe return, and enable him to face trial. He has no alternative remedy except invoking this Court's jurisdiction under Article 199 of the Constitution. The counsel prays for immediate unblocking of the CNIC.
4. On behalf of the Respondents, it is submitted that CNIC No.82203 9290088-1 in respect of Muhammad Luqman is digitally impounded in NADRA record in compliance of Court's order dated 01.02.2024 passed by Dr. Muhammad Sohail Thaheem, learned Civil Judge, 1st Class (West), Islamabad; that the Petitioner has a remedy to approach concerned Court of law for clearance of his case.
5. I have heard the learned counsel for the parties and have also perused the record with their able assistance.
6. The Petitioner is the brother of absconder accused namely Muhammad Luqman, who has been declared as proclaimed offender by the learned Judicial Magistrate vide Order dated 07.05.2024 in case F.I.R No. 950/2023 under Section 489-F, PPC, P.S Shalimar, Islamabad. The Petitioner has annexed the original Compromise Deed along with this Writ Petition, vide which the dispute has been amicably resolved with the Complainant [Sana Ullah Kiani]. In the Compromise Deed, the Complainant has agreed to support the unblocking of CNIC No. 82203-9290088-1 of Muhammad Luqman so that he could renew his Passport and return to Pakistan. The absconder accused now wishes to come back to Pakistan in order to surrender before the Court of competent jurisdiction and join investigation. Due to blockage of his CNIC, the Pakistani Embassy is not going to renew his Passport so that he could come back to Pakistan. As the absconder accused wants to join the investigation and surrender before the Court, hence, in the interest of justice and fair play and in the presence of original Compromise Deed which is available on this file, the instant Writ Petition is allowed and the Respondents are directed to unblock the CNIC of Muhammad Luqman forthwith.