The Supreme Court of Pakistan has declared unlawful an order of the Sindh High Court that allowed blocking of a citizen’s computerised national identity card (CNIC) for enforcement of a court decree.
Justice Muneeb Akhtar issued a three-page written judgment, observing that a national identity card is not a luxury but a basic necessity for leading an ordinary life.
The court remarked whether courts would, in future, also order disconnection of electricity and water connections for recovery of money. The judgment stated that depriving a citizen of an identity card is tantamount to taking away a fundamental right to life.
The apex court held that there is no provision under Section 51 of the Code of Civil Procedure to block a CNIC for enforcement of a decree. It further ruled that an amendment made by the Peshawar High Court to the CPC does not apply to the province of Sindh. The court made it clear that without an explicit provision in law, no court can order blocking of a citizen’s CNIC.
According to the judgment, a trial court in 2016 had issued a decree for payment against the petitioner in a property case. Upon non-payment of the decretal amount, the trial court ordered blocking of the petitioner’s CNIC, a decision later upheld by the Sindh High Court. However, the Supreme Court set aside the action, declaring it illegal.
It is pertinent to mention that the decree had been issued in a property dispute and the petitioner had been directed to deposit the settled amount.
