IN THE HIGH COURT OF SINDH, KARACHI

Constitutional Petition No. D – 5617 of 2016

PRESENT:

MR. JUSTICE AQEEL AHMED ABBASI.

MR. JUSTICE AZIZ-UR-REHMAN.

Syed Hasam Uddin S/o Nizamuddin

Vs.

Federation of Pakistan and others

Petitioner: through Mr. Qamar Ahmed Shaikh, Advocate

Federation: Mr. Umar Zad Gul, Deputy Attorney General for Pakistan.

Respondent No.3&4: through Chaudhry Muhammad Farooq, Advocate/Law Officer.

Date of Hearing: 09.02.2018.

Date of Judgment: 09.02.2018.

O R D E R

Through instant petition, the petitioner has impugned the blocking of CNICs and Passports of the petitioner and his family members by the respondents on the basis of complaint by a private individual, namely, Shakirullah, with whom the petitioner claims enmity on account of some matrimonial dispute, whereas, following relief(s) has been sought:-

(a) That looking to the facts this Honourable Court will be pleased to direct the Respondents to delete any sort of ban or stoppage or any hindrances over the above mentioned documents of the petitioner and his family and they may be release to go abroad to get the latest information about Ehshamuddin and to arrange for his return to Pakistan or any other relief which is necessary in the circumstances of the case may kindly be ordered.

(b) To save from further illegal actions against the petitioner who may be allowed to use CNICs, Passport and other relevant documents which are valid documents and legally issued under the law which is basic need. The respondents /competent authorities may be directed to save the petitioner and his family members from any other illegal acts, and to direct the officials of Respondents No.3, 5, 10 & 11 and other authorities to provide protection, safety and security to the petitioner and his other family members from the hands/clutches of the Respondent No.8, 9, 12 & 13 because they want to humiliate the entire family of the petitioner in a series of false criminal case(s).

(c) To direct all respondents, their mans, person, or persons, employee, agents and anybody else working under them and on their behalf permanently be restrained from creating undue and unjustified harassment to the petitioner and his family members every now and then as they are continuously pressurizing/extending threats to settle the matter with the Respondents No.8 & 9 otherwise will be ready to face its consequences, and also permanently restrain to create a bad atmosphere for the petitioner and his family members who are living there and getting education in the area, without due course of law.

(d) That any other relief/relief(s) which this Honourable Court deems fit and proper be also granted.

(e) The cost of the petition.”

2. The brief facts as stated in the memo of petition, are that the petitioner, who claims to be a Pakistani born National, residing at Karachi along with his family, whereas, the petitioner and his family members were issued NICs/CNICs/B-Form, as well as Passports from time to time by the respondents, detail of which has been given in para-7 of the memo of petitioner in the following terms:-

01. Mr. Syed Hasam Uddin, (Petitioner it’s self)

CNIC # 42000-1542797-9

Sr. No.	NIC/CNIC No.	PASSPORT NO.	DATE OF ISSUE	DATE OF EXPIRY
01	42000-1542797-9	AB 1997972	26.02.2013	25.02.2023
02	42000-1542797-9	AB 1997971	28.04.2008	27.04.2013
03	42000-1542797-9	KB 745242	11.03.2003	10.03.2008
04	135-58-303895	B 735344	15.01.1996	14.01.2007
05	42000-1542797-9	AB 1997971	28.04.2008	27.04.2013
06	135-58-303895	F 633171	17.03.1990	27.03.1991
07	135-58-303895	C 1476588	24.07.1986	- - -

02. Mst. Amina (Wife of Petitioner)

CNIC # 42501-5470036-2

Sr. No.	NIC/CNIC No.	PASSPORT NO.	DATE OF ISSUE	DATE OF EXPIRY
01	518-90-432537	KC 331865	01.08.2003	31.07.2008

03. Mst. Suraiyya Hassam, (Daughter of Petitioner)

CNIC # 42201-6827196-0

Sr. No.	NIC/CNIC No.	PASSPORT NO.	DATE OF ISSUE	DATE OF EXPIRY
01	42201-6827196-0	BW 6851962	05.09.2012	04.09.2017
02	42201-6827196-0	BW 6851961	18.07.2011	16.07.2016
03	- - - -	KC 331828	01.08.2003	31.07.2008

04. Mst. Rabia (Daughter of Petitioner)

CNIC # 42000-8553106-4

Sr. No.	NIC/CNIC No.	PASSPORT NO.	DATE OF ISSUE	DATE OF EXPIRY
01	42000-8553106-4	42000-8553106-4	42000-8553106-4	42000-8553106-4
02	42000-8553106-4	42000-8553106-4	42000-8553106-4	42000-8553106-4
03	42000-8553106-4	42000-8553106-4	42000-8553106-4	42000-8553106-4

05. Mst. Huma Hassam (Daughter of Petitioner)

CNIC # 42000-8552251-4

Sr. No.

NIC/CNIC No.

PASSPORT NO.

DATE OF ISSUE

DATE OF EXPIRY

42000-8552251-4

BA 6852511

03.08.2011

01.08.2016

- - -

KC 331839

01.08.2003

31.07.2008

06. Mr. Syed Eshamuddin (Son of Petitioner)

CNIC # 42000-1227747-9

Sr. No.

NIC/CNIC No.

PASSPORT NO.

DATE OF ISSUE

DATE OF EXPIRY

42000-1227747-9

AM2407471

03.08.2011

01.08.2016

- - -

KC 331855

01.08.2003

31.07.2008

07. Mr. Syed Irfan (Son of Petitioner)

CNIC # 42000-6813367-1

Sr. No.

NIC/CNIC No.

PASSPORT NO.

DATE OF ISSUE

DATE OF EXPIRY

42000-6813367-1

NIL

08. Mr. Syed Amir Khan (Son of Petitioner)

CNIC # 42000-5458056-1

Sr. No.

NIC/CNIC No.

PASSPORT NO.

DATE OF ISSUE

DATE OF EXPIRY

42000-5458056-1

NIL

09. Baby Maria Bibi, Minor (Daughter of Petitioner)

NADRA Registration # 42000-0623086-2 (Form “B”)

Sr. No.

NIC/CNIC No.

PASSPORT NO.

DATE OF ISSUE

DATE OF EXPIRY

42000-0623086-2

NIL

10. Master Syed Hassan, Minor (Son of Petitioner)

NADRA Registration # 42000-3006498-7 (Form “B”)

Sr. No.

NIC/CNIC No.

PASSPORT NO.

DATE OF ISSUE

DATE OF EXPIRY

42000-3006498-7

NIL

3. According to petitioner, on account of admitted enmity with respondents No.8 & 9 and on the basis of a purported complaint by one, Shakirullah, the CNICs and the Passports of the petitioner and his family members have been blocked on the suspicious that petitioner and his family members are Afghan nationals without confronting the petitioner with any material or providing any opportunity of being heard, whereas, a false FIR was also got registered against the petitioner by FIA, AHT Circle, Karachi, at the instance of private respondents, wherein, the petitioner was granted bail. Thereafter, the CNICs and Passports of the petitioner and his family members were taken for the purposes of verification by Senior Superintendent of Police Security, Special Branch, Karachi, from the Assistant Director (Verification & Revocation), NADRA/respondent, however, all the CNICs, Passports and other relevant documents were returned back after due verification and status of petitioner and his family members as Pakistani citizens was cleared. However, according to petitioner, inspite of verification of such documents for being valid and genuine, the respondent i.e. NADRA without examining such documents and the letters issued from the Assistant Director (Legal), and Senior Superintendent of Police Security, Special Branch, Karachi, blocked the CNICs and the Passports of petitioner and his family members in violation of law, without assigning any reason or providing any opportunity of being heard. According to petitioner, entire exercise of blocking CNICs/Passports of petitioner and his family members, besides being illegal and arbitrary, is based on malafides, as the same is the result of a private complaint on account of admitted enmity between the petitioner and the private respondents, whereas, there is no material whatsoever available with the respondents to support the allegations of respondents to the effect that the petitioner and his family members are Afghan Nationals and CNICs/Passports issued to petitioner from time to time are forged or illegal.

4. Notices of instant petition were issued to the respondents and DAG, pursuant to which, comments have been filed on behalf of respondents through DAG. As per comments of respondents No.3 & 6 i.e. Director General (Hq), Immigration & Passport, Government of Pakistan, it has been stated “that Passports of the petitioner and his family members have been checked and found as “Active” in the Machine Readable Passport (MRP-Database). As such the contention of petitioner that their Passports have been blocked is incorrect and based on wrong assumption”. Whereas, as per parawise comments filed on behalf of respondents No.1 & 5, wherein, it has been stated that pursuant to a complaint by one Ahmed son of Said Akbar FIR No.318/2016 has been registered under Section 3(2)/13/14 of the Foreign Act, 1946 read with Section 420/468/471/109 PPC at P.S., F.I.A. AHT Circle, Karachi, against petitioner, after completion of Inquiry under Section 5 of the F.I.A. Act, 1974 being No.488/2016 dated 28.09.2016, whereas, on verification of CNICs of the petitioner and his family members, NADRA had opined that since petitioner and his family members have obtained Afghan Passports, therefore, cannot be considered as Pakistani, resultantly, their CNICs and Passports had been blocked on account of suspicious/Alien/Afghan National. Parawise comments on behalf of respondent Nos.1, 4 & 7 (NADRA) have also been filed, wherein, it has been stated that in view of complaint and departmental vigilance report dated 30.08.2016, the case of the petitioner and his family members has been sent to ISI (HQ) for verification as to whether petitioner is Afghan National or not, therefore, the CNICs and the Passports of the petitioner and his family members have been blocked for the purposes of verification, whereas, no final order has been passed to this effect.

5. After hearing learned counsel for the parties at some length, it appears that CNICs of the petitioner and his family members have been blocked pursuant to some complaint by one Shakirullah with whom the petitioner claimed enmity on account of some matrimonial dispute with her daughter. Such fact has also come on surface in the comments filed by respondents wherein, it has been clearly stated that CNICs of the petitioner and his family members have been blocked on such complaint on suspicion of petitioner being Afghan National.

From perusal of comments, filed on behalf of respondents, it further transpired that since 2016, the petitioner and his family members’ CNICs/Passport have been blocked on the complaint of an individual with whom there is admitted enmity, merely on account of suspicion (Afghan National), whereas, no proper verification could be made so far by the respondents and law enforcing agencies inspite of lapse of considerable time, nor respondents could produce or confront the petitioner with any evidence or material to support the allegation based on complaint by a private individual that the petitioner is Afghan National. It has not been disputed by the respondents that the petitioner was issued manual NIC in the year 1978, where-after, such NIC was duly renewed from time to time by the respondents, and thereafter, the petitioner was also issued a CNIC on 27 June, 2009 which was valid upto 31 May, 2018. Similarly, family members of the petitioner, except minors, were also issued manual NICs as well as CNICs after proper verification by relevant agencies, including the Office of SSP Special, Security Branch, Karachi, vide letter No.SB/SSP/S/NS/394/2016 dated 15.03.2016. However, same have been blocked by NADRA on the complaint of aforesaid person viz. Shakirullah. No steps whatsoever appears to have been taken so far against the persons who allegedly have connived with the petitioner for issuing CNIC or Passports from time to time to the petitioner or his family members, whereas, the petitioner has never been confronted with any material nor provided opportunity before blocking of CNIC/Passport, in accordance with law.

On the contrary, on a mere complaint of an individual with whom the petitioner claims enmity on account of some matrimonial dispute, the respondents have blocked the CNICs of the petitioner and all of his family members, merely on the basis of suspicion, whereas, despite lapse of considerable time since 2016, no result of such investigation or inquiry stated to be undertaken by the respondents and the various agencies could see light of the day.

6. It is regretted to note that the petitioner, who claims to be a born Pakistani, permanently residing in Pakistan since his birth alongwith his family members, has been put in a situation where he is not in a position to lead a normal life as a citizen of Pakistan, or to carryon any lawful business or profession despite the fact that he is in possession of valid CNIC and Passport, which has not so far been cancelled or withdrawn by the respondent by following legal procedure. Suffice to say that on mere suspicion and due to lack of verification of the allegation of a private individual that petitioner and his daughter was issued Afghan Passport years back, petitioner’s status as citizen of Pakistan.

7. In view of hereinabove stated facts and circumstances of the case, we would direct the respondents to de-block the CNICs and passports of the petitioner and his family members within two weeks from the date of receipt of this order and thereafter, to submit compliance report through MIT of this Court within one week. However, before parting with this order, we may observe that in case respondents are in possession of any evidence or concrete material, which could justify the allegation that the petitioner and his family members are Afghan Nationals, respondents will be at liberty to act in accordance with law by confronting the petitioner and his family members with such material in accordance with National Database and Registration Authority (Pakistan Origin Card) Rules, 2002 r/w. National Database and Registration Authority Ordinance, 2000 and the Passports Act, 1974 (Act No.XX of 1974). It is further clarified that de-blocking of CNICs and passports of petitioner and his family members would not affect the criminal case, if any, pending against the petitioner, which shall be decided in accordance with law, whereas, petitioner will be at liberty to seek remedy against such proceedings as per law.

Instant petition stands disposed of in the above terms along with listed application.

J U D G E

Nadeem