Muhammad Shafique (Petitioner) VS Fed. of Pakistan and Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

CP No.D-153 of 2025 (Muhammad Shafique v. Federation of Pakistan and others)

DATE ORDER WITH SIGNATURE OF JUDGE

Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

Date of hearing and order:- 03.02.2026

Mr. Arsalan Ahmed, Advocate for the Petitioner.

Ms. Mehreen Ibrahim, DAG.

Mr. Abdul Samad, Advocate for NADRA.

ORDER

Adnan-ul-Karim Memon, J.- The petitioner has filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973 seeking the following relief(s):- “i. Declare that the Petitioner is the citizens of the Islamic Republic of Pakistan in terms of section 4 of the Citizenship Act, and is entitled to the issuance of the Computerized National Identity Cards.

ii. Declare that the act of respondents to block/refuse to issue CNIC to Petitioner amounts to depriving him of his citizenship and violation of his fundamental rights in terms of Articles 3, 4, 9, 10-A, 14, 15, 18, and 25 of the Constitution of Pakistan. iii. Declare that respondents No. 1 to 3 are not empowered under the NADRA Ordinance to block/refuse to issue the CNIC to the Petitioner. iv. Declare that, without the issuance of notice in terms of sections 18 and 23 of the NADRA Ordinance, the respondents cannot block/refuse to issue the CNIC to the Petitioner.

v. Direct the respondents to issue the NADRA Card to Petitioner, in compliance with section 4 of the Citizenship Act, considering his father's Old NIC card and CNICs of his family members and other relevant documents annexed with the memo of petition, which were already issued to them, but the officials of NADRA illegally refused to issue CNIC to the Petitioner.

vi. Grant injunction and direct the respondents, their agents, or any other officials acting on their behalf to immediately de-block and issue the Computerized National Identity Cards to the Petitioner.”

2.Learned counsel for the petitioner submits that the petitioner and his family are bona fide and permanent residents of Karachi. The petitioner’s father, Mr. Abdul Mateen (late), was born in West Pakistan, was never a citizen of East Pakistan, and was residing in Pakistan before the separation of Bangladesh. After the completion of all legal formalities, his National Identity Card was issued in 1974. He died on 09.04.2009, and his Death Registration Certificate was issued on 09.05.2018. After the establishment of NADRA, the petitioner’s mother, Mst. Sofia Khatoon was issued a CNIC on 27.09.2010 and is a registered voter of District Central Karachi. In 2014, the petitioner’s Birth Certificate was duly issued by the concerned Union Council after completion of codal formalities. It is further contended that respondents No.2 and 3 have already issued CNICs to the petitioner’s family members, who are also registered voters of District Central Karachi. The details are as follows

Sr.No. Name CNIC No. Date of issue Relation

1 Muhammad Younis 42101-9450901-9 22.02.2018 Brother 2 Rehana Begum 42101-2861323-8 05.12.2018 Sister-in-law 3 Asma Begum 42101-2176316-2 10.03.2024 Sister

4 Wajib Ali 42101-8540256-2 04.11.2020 Father-in-law Learned counsel for the petitioner also submitted that on 06.03.2018, the petitioner applied for the issuance of a Computerized National Identity Card (CNIC) from respondents No.2 and 3. A receipt bearing token No.1231 was issued, but the CNIC was later refused because he is an “immigrant,” despite the petitioner, his parents, and siblings being born and residing in Pakistan. On 06.07.2023, the petitioner submitted a form to unblock his CNIC, providing family details, but his grievance was not addressed.

3.Learned counsel for NADRA refuted this, stating that the petitioner’s CNIC application Tracking ID No.505431265559 dated 06.03.2018 was forwarded to the Verifying Agency, which returned an unverified report. The petitioner’s National Status requires verification by the District Level Committee (DLC) Central, and he must produce documentary evidence before 1971 as per Section 16- A, Rule 13-A of the Pakistan Citizenship Act, 1951.

4.When confronted with this legal position of the case, learned counsel for the petitioner requested that the petition be disposed of with the direction that he be allowed to appear before the DLC Central and that respondents facilitate processing of his case in accordance with law within two weeks. The request seems to be reasonable and is acceded to; however, the respondent, NADRA, shall create bottlenecks in such a process in terms of the latest view of the superior courts.

5.Accordingly, with the consent of the parties, even without touching the merits of the case, this petition, along with pending application(s), is disposed of in the above terms.

JUDGE

JUDGE

Shahzad Soomro