Hafiz AWAIS ZAFAR vs JUDGE FAMILY COURT, LAHORE Chap — 2022 PLD 756 LAHORE-HIGH-COURT-LAHORE

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Hafiz AWAIS ZAFAR VS JUDGE FAMILY COURT, LAHORE Chap. 1 [Arts. 8 to 28]---Fundamental rights---Scope---Not imperative that every right should be enumerated as a fundamental right in the Constitution---Such can be claimed that even if it forms an integral part of a named fundamental right or is of the same nature or character or if its recognition is necessary to make the exercise of the named fundamental right meaningful and effective. S. 18---Constitution of Pakistan, Art. 175---Power to cancel, impound or confiscate cards---Jurisdiction of courts---Scope---Digital impounding/blocking of CNIC by courts cannot be permitted because it does not have the sanction of law---Such orders are contrary to Art. 175(2) of the Constitution and concept of rule of law. arts. 9 & 14---Security of person---Inviolability of dignity of man---Right to identity---Scope---Courts have expanded the right to life over time and held that it includes the right to legal aid; the right to speedy trial; the right to bare necessities of life; protection against adverse effects of electro-magnetic fields; the right to pure and unpolluted water; the right to access to justice; the right to livelihood; the right to travel; the right to food, water, decent environment, education and medical care---Right to identity as concomitant to the right to lifeis protected under arts. 9 & 14 of the Constitution. Chap. 1 [Arts. 8 to 28]---Fundamental rights---Scope---Fundamental rights are the heart and soul of a living Constitution and must at all times be ready to embrace and protect the sensibilities and sensitivities of the people, they must be progressively and purposively interpreted to advance the frontiers of freedom, individual autonomy and free choice---Such vibrance and vitality is the hall mark of a living Constitution in a democracy. Chap. 1 [Arts. 8 to 28]---Fundamental rights---Scope---Fundamental rights call for a generous interpretation avoiding what has been called the austerity of tabulated legalism, suitable to give to individuals the full measure of the fundamental rights and freedoms referred to. arts. 9 & 14---Security of person---Inviolability of dignity of man---Right to identity---Scope---Personal identity of a person comprises all those aspects of his profile which are significant to him---Personal identity begins from the moment of conception and going beyond the information such as date of birth, encompasses his personal attributes like biographical data, physical traits and significant social relations, such as ties to family members, cultural or religion---Right to identity is associated with several other rights, e.g., the rights to a name, nationality, juridical personality, family and culture---Some legal experts consider it a part of the right of life while others posit that it is rooted in human dignity and thus fundamental and non-derogable. art. 9---Security of person---Scope---article 9 of the Constitution guarantees the right to life and liberty and enjoins that no person shall be deprived of it save in accordance with law. S. 18---Constitution of Pakistan, Arts. 199 & 175---Power to cancel, impound or confiscate cards---Jurisdiction of Courts---Scope---Petitioner assails order passed by Executing Court whereby National Database and Registration Authority (NADRA) was directed to block his Computerized National Identity Card (CNIC)---Validity---Section 18(1) of the National Database and Registration Authority Ordinance, 2000 stipulates that all the cards issued by NADRA, including CNIC, shall be the property of the Federal Government and it may cancel, impound or confiscate it by an order after giving a show cause notice to the holder---Section 18(2) enumerates the circumstances in which it may take such an action---Provisions of S. 18 must be strictly construed and scrupulously followed as cancellation, impounding or confiscation of CNIC impacts the fundamental rights of a person---Executing Court had passed the impugned order without taking action under S. 18 into consideration---Section 18 does not allow blocking/digital impounding of the CNIC of a person to compel him to appear before the court---Constitutional petition was accepted, the impugned order was declared to be without legal authority and set aside. Ss. 18 & 19---Constitution of Pakistan, Arts. 9, 14 & 10-A---Power to cancel, impound or confiscate---Cards necessary for certain purposes---Security of person---Inviolability of dignity of man---Right to fair trial---Scope---Subsections (1) and (2) of S. 19 of the National Database and Registration Authority Ordinance, 2000, specify a few circumstances when the National Identity Card is compulsorily required---Such include grant of passport, permit or other travel documents for going out of Pakistan and identification of a voter at various elections---Section 19(3) empowers the Federal Government specify any other purpose for which the production of any card issued as aforesaid shall be necessary---However, the need for the CNIC has increased manifold during recent years---Now almost every government and private organization requires CNIC from a person before they attend him---Not possible to get higher education, apply for a job, open a Bank account, get a driving license or arms license, get utility connections, purchase railway and air tickets, execute any instrument, stay in a hotel or lodge, appear in a court proceedings and enter in certain buildings and premises without production of CNIC---CNIC is essential for enjoyment of a number of fundamental rights, hence, a person cannot be deprived of it without due process. Chap. 1 [Arts. 8 to 28]---Fundamental rights---Scope---Fundamental rights in a living Constitution are to be liberally interpreted so that they can continue to embolden freedom, equality, tolerance and social justice.

Hafiz AWAIS ZAFAR vs JUDGE FAMILY COURT, LAHORE Chap — 2022 PLD 756 LAHORE-HIGH-COURT-LAHORE

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