Blocking the CNIC to enforce a court decision violates the right to life, SC rules

Justice Muneeb Akhtar issues three-page ruling overturning SHC order, says ID card a basic necessity

ISLAMABAD:

The Supreme Court has declared the Sindh High Court’s order to block a citizen’s national identity card to execute a court judgment illegal, ruling that depriving a citizen of a computerized national identity card (CNIC) amounts to taking away the fundamental right to life.

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Justice Muneeb Akhtar delivered a three-page written judgment, saying a national identity card is not a luxury but a basic necessity for leading an ordinary life. “Tomorrow, will the courts also order the cutting of electricity and water connections to recover money?” we read in the judgment.

The court held that no provision in Article 51 of the Code of Civil Procedure authorized the blocking of a national identity card and that without a clear provision of law, no court could order such action.

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It further noted that an amendment made by the Peshawar High Court to the Code of Civil Procedure does not apply to the Sindh province.

The case arises from a 2016 first instance judgment against the applicant in a real estate dispute, ordering him to deposit a specified amount. In the event of non-payment, the trial court ordered the blocking of his national identity card – a decision which the Sindh High Court later upheld. The Supreme Court has now overturned this decision.

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