Bibi PATO vs GOVERNMENT OF PAKISTAN, through Secretary Ministry of Interior, Islamabad S

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Bibi PATO VS GOVERNMENT OF PAKISTAN, through Secretary Ministry of Interior, Islamabad S. 18---Computerized National Identity Card (CNIC), non-issuance of---Eligibility of petitioner for issuance of CNIC, determination of---Non-issuance of new CNIC after correction of date of birth as approved by the National Database and Registration Authority (NADRA) respondent-authority owing to unrealistic variation between date of birth of petitioners by NADRA Zonal Board and approved by the respondent, and non-availability of evidence prior to 1978 in view of notification of Ministry of Interior, Government of Pakistan---Validity---There was no allegation against the petitioners of being ineligible, or obtaining more than one cards, or showing obliterated particulars, or tampering with the card or the card being forged---Petitioners were issued CNIC by the concerned officials of NADRA after due compliance of the provisions of Ordinance, 2000 and rules framed thereunder---Conditions enumerated through notification of Ministry of Interior might have application in certain cases, but in petitioners' case, it had no applicability---Connotation "reason to believe" mentioned in S.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 tampered 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, NADRA must substantiate it through tangible evidence by undertaking exercise as contemplated under S.18 of the Ordinance, otherwise, genuineness and authenticity of CNIC would be attached therewith---Petitioners were issued CNICs with all due care and cautions, while adhering to the provisions of Ordinance, 2000, and rules framed thereunder and SOPs enacted for the purpose of issuance of CNIC, unless contrary was proved by NADRA, which had not been done---Previous CNICs were also issued to the petitioners by NADRA, therefore, no adverse presumption could be inferred that officials of the department did not apply requisite law and mind, thus, petitioners had sufficient documents to prove their entitlement to get issued and renew their CNICs, more particularly in absence of proof of any wrong doing by NADRA on the part of petitioners---Constitution Petition was allowed, in circumstances.

Bibi PATO vs GOVERNMENT OF PAKISTAN, through Secretary Ministry of Interior, Islamabad S — 2025 CLC 558 QUETTA-HIGH-COURT-BALOCHISTAN

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