Case Summary
The plaintiff, Fatima, filed a petition against the National Database and Registration Authority (NADRA) for blocking her Computerized National Identity Card (CNIC). Fatima had obtained a manual national identity card and later a CNIC from NADRA. When her CNIC expired, she applied for renewal, but NADRA refused, stating that her CNIC had been blocked.
Key Points
- The burden of proof was on NADRA to prove that Fatima was not a citizen of Pakistan.
- Mere verbal assertions by NADRA were not sufficient grounds to deprive Fatima of her fundamental rights.
- The right to a CNIC is a fundamental right guaranteed by the Constitution of Pakistan and cannot be taken away by a mere notification.
- NADRA had acted arbitrarily and capriciously in blocking Fatima's CNIC without any notice or hearing.
- NADRA had failed to discharge its burden of proof regarding the blockage of Fatima's CNIC.
Decision
The Balochistan High Court accepted Fatima's petition and decreed the suit in her favor. This means that NADRA was ordered to unblock Fatima's CNIC.
Significance
This case is significant because it reaffirms the fundamental right of Pakistani citizens to a CNIC and the burden of proof that rests on NADRA in cases of CNIC blockage. It also highlights the importance of due process and the right to be heard in such cases.