IN THE HIGH COURT OF SINDH AT KARACHI

 

                                Before : Mr. Justice Nadeem Akhtar

                                       Mr. Justice Fahim Ahmed Siddiqui

 

C.P. No. D-182 of 2017

 

Mst. Naheed…..…………………………………...…………………..Petitioner

 

Versus

 

Federation of Pakistan and others……………..……………….Respondents

 

 

Date of Hearing :                       09.02.2017

 

Mr. Qadir Hussain Khan, advocate for the petitioner

Ch. Muhammad Farooq and Ms.Sameena Iqbal, advocates for NADRA

Mr. Muhammad Jawaid K.K., Standing Counsel

 

 

J U D G M E N T

.-.-.-.-.-.

 

FAHIM AHMED SIDDIQUI, J: Through instant petition, the petitioner is seeking direction of this Court against the respondents (NADRA) for issuance of her CNIC in her name as mentioned in the title of the petition. After issuance of notice to the respondents, a statement on their behalf was filed which is reproduced as under:-

“It is respectfully submitted that as per report of Operation Branch RHO NADRA Karachi. The petitioner obtained two CNICs bearing No. 42401-1804061-2 and 42401-38366590 with different particulars and father name status. The “DUP” cases having same particulars may be processed for cancellation of one CNIC as per policy.  While, the DUP cases pertains to different particulars may be dealt as per Court instructions / order. Her name has never approached NADRA for processing for her CNIC. The petitioner will treat as per law and policy in case of further application for processing of CNIC. (The copy of Operation Branch report is annexued as “A”).

Therefore, the subject petition may graciously be disposed of with appropriate directions, accordingly”.

2.            Heard the arguments. Perused the record. Learned counsel for the petitioner submitted that the petitioner is an uneducated woman and she got issued two CNIC by NADRA as she was unaware that only one CNIC can be held by her. He further submitted that after marriage, she succeeded in getting CNIC with the name of her husband but after divorce, she applied for another CNIC and got another CNIC with her father’s name.

3.            Learned counsel for the respondents/NADRA submitted that when the petitioner tried to get her CNIC renewed, her case was detected as duplicate issuance of CNIC as such one of them is required to be cancelled after proper verification. According to him, the problem is that the entire particulars of both the CNICs are different, therefore, the matter requires detailed inquiry. In response to a query, he submitted that after biometric checking, it was found that both CNICs were issued to one and the same person i.e., petitioner.

4.            After hearing the arguments,  we have also noticed that in one CNIC No.42401-1804061-2, name of the petitioner is mentioned as “Naheed wife of Azad Alam” with the year of  birth as 1969 while in other CNIC No.42401-3836659-0, her name is mentioned as “Maimoona Khatoon  daughter of Abdul Wahab” with the date of birth as 01.01.1965. In both the CNICs, house numbers are also different but area and locality are same. Under these circumstances, the contention of counsel for NADRA regarding detailed inquiry appears to be correct.

5.            Accordingly, by consent, instant petition is disposed of with direction to the respondents that they should conduct a proper inquiry upto their satisfaction regarding particulars of the petitioner before issuing CNIC to her. The respondents shall have to complete the process of cancellation and issuance of fresh CNIC according to her true and correct particulars within a period of three (03) months. The petitioner is also directed to co-operate with the respondents in this regard.

 

JUDGE

                                                                        JUDGE