LAHORE: The Lahore High Court (LHC) held a person cannot be deprived of a Computerized National Identity Card (CNIC) without adopting a due process.
The court observed that the Financial Institutions (Recovery of Finances) Ordinance (FIO), 2001 together with the provisions of the Criminal Procedure Code (CPC) which deal with the powers of the executing court contain no direct provision which empowers the court to block CNIC of a judgment-debtor.
The court passed this order in a petition of M/s Al-Harmain & Co and others, challenging the decision of a banking court which issued non-bailable arrest warrants and blocking the CNICs of the petitioners.
The court set aside the decision for being illegal and without lawful authority and observed that there appears no justification to pass an impugned order, especially when prerequisites have not been observed.
The court; however, held that the executing court shall be at liberty to initiate a fresh process as per law and the observations of this court.
According to the details, the respondent MCB-bank had filed a suit for recovery along with mark up against the petitioners.
During execution proceedings, the respondent moved an application for issuance of arrest warrants and blockage of CNIC of the judgment debtors.
The banking court issued non-bailable arrest warrants against appellants along with direction to block their CNICs.
The court said section 18(1) of the National Database and Registration Authority Ordinance, 2000 empowers NADRA to cancel, impound or confiscate a CNIC, after giving a show-cause notice in writing to the holder of the CNIC.
The court said apparently no instance of blocking a CNIC is visible in the provisions of NADRA Ordinance 2000 pertinently conducting executing proceedings by a court of law.
The court observed that presently, the need for the CNIC has increased manifold and almost every government and private organisation requires CNIC from a person before attending them; hence, the personal identity of a person comprises all those aspects of his profile which are significant to him, the court added.
The court said legislatures in terms of section 18 of the NADRA Ordinance have made it obligatory upon the NADRA authority, as well as, the appellate authority to give a fair opportunity of hearing to the affected person.
Copyright Business Recorder, 2024
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