case law on NADRA

P L D 2016 Lahore 393
Before Ayesha A. Malik, J
KAINAT AKHTAR---Petitioner
Versus
REGIONAL HEADQUARTER NADRA and 2 others---Respondents
Writ Petition No.855 of 2014, heard on 26th February, 2014.
(a) National Database and Registration Authority Ordinance (VIII 2000)--
----S. 9---Constitution of Pakistan, Art. 199---Constitutional petition---Issuance of Computerized National
Identity Card---Scope---Adopted child---Contention of respondent-NADRA was that petitioner was adopted
child and she did not have a mother or father---Validity---Guardianship certificate had been issued in favour of
petitioner by the court of competent jurisdiction---Petitioner had provided the name of her guardian and no
contradiction existed in her documents---Every citizen in or out of Pakistan who had attained the age of
eighteen years should get himself registered and a parent or guardian of every citizen who had not attained such
age should not later than one month after birth of such citizen get such citizen registered in accordance with the
provisions of the Ordinance---National Identity Card was a document for identification of a citizen---Issuance
of National Identity Card would mean that the information contained therein was valid and correct---
Application form issued by the NADRA had contemplated the category of guardian and same also inquired the
relationship with the family head to be explained---Petitioner was entitled to registration with the NADRA and
for issuance of her Computerized National Identity Card---Constitutional petition was accepted and respondents
were directed to issue Computerized National Identity Card to the petitioner forthwith.
Muhammad Salah-ud-Din v. NADRA PLD 2012 Lah. 378 ref.
(b) National Database and Registration Authority Ordinance (VIII 2000)--
----Preamble---Object---National Database and Registration Authority Ordinance, 2000, was promulgated to
facilitate the registration of all the persons and for establishment and maintenance of database, data warehouses,
networking, interfacing of databases and related facilities---Purpose of Ordinance and Authority was to register
persons and classes thereof including citizens.
Nadeem Ahmad Sheikh for Petitioner.
Jamil Khan, Law Officer for NADRA.
Date of hearing: 26th February, 2014.
JUDGMENT
AYESHA A. MALIK, J.--Through this petition, the Petitioner seeks a direction to the Respondent
NADRA for issuance of her computerized National Identity Card (CNIC).
2. The case of the Petitioner is that she is a citizen of Pakistan by birth. She was adopted by Shamim
Akhtar who has obtained a guardianship certificate on 23.5.2005 from the court of Mrs. Lubna Ali, Guardian
Judge-I, Lahore vide Guardian Case No.39/GC of 2005. After obtaining the guardianship certificate, the
guardian applied for B-Form which was issued by the Respondents on 6.6.2006. Thereafter the Petitioner
applied for a passport which was also issued to the Petitioner on 12.2.2011 in which the father's name is shown
as Guardian Shamim Akhtar. The Petitioner applied for her CNIC where she clearly stipulated that her
guardian's name is Shamim Akhtar. However the Respondents have denied the Petitioner the issuance of her
CNIC essentially on the ground that she did not have the required information under the parentage column as
she was an adopted child.
3. Learned counsel for the Petitioner argued that the B-Form has been issued which clearly provides in the
column of father's name that the Petitioner is 'Lay Palik'. In the column of the mother's name it provides the
name of the guardian Shamim Akhtar. Similarly he argued that on the passport it provides that she has a
guardian by the name of Shamim Akhtar. He further argued that no information has been withheld from the
Respondents yet despite the same the Petitioner has not been issued her CNIC. He argued that the basis for
issuance of the CNIC is the B-Form and that the Respondents have denied the Petitioner her fundamental right
as the citizen of Pakistan. Learned counsel further argued that on 22.3.2006 A/Director General of the
Respondents issued a letter to the Headquarters NADRA (SRC Dte), Islamabad requiring a policy to be
formulated with respect to adopted children under guardianship. However he argued that despite the same no
such policy has been made rendering the Petitioner without any remedy against the Respondents.
4. Report and parawise comments have been filed on behalf of the Respondents. Learned Law Officer on
behalf of the Respondents argued that the Petitioner has been granted guardianship certificate on 18.5.2005
from the court of Mrs. Lubna Ali, Guardian Judge-I, Lahore. The Petitioner is still a minor and under the
Majority Act, 1875 until she attains the age of 21 years she cannot file the instant petition. He further argued
that the B-Form shows that the father's name is 'Lay Palik' whereas the mother's name is shown as Shamim
Akhtar. He argued that Shamim Akhtar is the name of the guardian and not the name of the mother of the
Petitioner. Further argued that even on the Secondary School Certificate her parentage is mentioned as Shamim
Akhtar whereas Shamim Akhtar is the guardian of the Petitioner. He argued that the record of the Petitioner is
contradictory, hence she has been denied the issuance of the CNIC. He argued that the record does not clearly
stipulate that the Petitioner is an adopted child because in the B-Form in column of mother it says Shamim
Akhtar and in the passport under the father's name it says Guardian Shamim Akhtar. He argued that the
petitioner should rectify her status as 'adopted child' on her Secondary School Certificate, on the B-Form as well
as on the passport after which the Respondents will consider her cases for the purposes of issuance of the CNIC.
5. I have heard the learned counsel for the parties and reviewed the record available on the file.
6. The preliminary objection raised by the learned Law Officer for Respondent NADRA is with respect to
the maintainability of the instant writ petition on the ground that the Petitioner had not attained majority, hence
she is not entitled to file the instant writ petition. The record shows that the Petitioner's date of birth is
22.7.1995 making her 18 years 6 months and 7 days. The Petitioner is pursuing the instant writ petition for her
fundamental right to be issued a CNIC as a citizen of Pakistan. This petition is maintainable and there is no
substance in the objection raised by the learned Law Officer.
7. The basic reason for denying the Petitioner her CNIC is that she is an adopted child. A guardianship
certificate has been issued by the court of competent jurisdiction on 23.5.2005. This is not denied by the
Respondents. The objection of the Respondents is that she does not have a mother or father and that she is
adopted by Shamim Akhtar, hence she cannot show the name of Shamim Akhtar as her mother or her father.
Specifically the Respondents have objected to the fact that on her Secondary School Certificate it says
"son/daughter of Shamim Akhtar". On her Intermediate Part-1 and Part-II Annual Examination it says "Father's
name-Shamim Akhtar" and on the passport it says "Father's name-guardianship Shamim Akhtar". The
Respondents case is that the record of the Petitioner is contradictory and it is unclear from the record as to
whether Shamim Akhtar is the mother or the father or the guardian. The Respondents have also raised the
objection that the Petitioner should change her documentation to show her status as an 'adopted child' under the
guardianship of Shamim Akhtar. I have heard the learned Law Officer at length and find that the arguments
raised by the Respondents are without any merit or legal justification. The Petitioner applied for her CNIC. A
review of the form filed by the Petitioner shows that it clearly mentions the name of her guardian as Shamim
Akhtar. Column No.11 of the CNIC Form specifically asks for 'Guardian Name' which the Petitioner has
provided. Serial No.9 asks for relationship with family head and the Petitioner has written adopted child against
that question. Therefore there is no contradiction in the record of the Petitioner with respect to the fact that she
is under the guardianship of Shamim Akhtar by virtue of Guardianship Certificate dated 23.5.2005.
8. National Database and Registration Authority Ordinance, 2000 (NADRA Ordinance 2000) preamble
stipulates that it is an Ordinance to provide for the establishment of the National Database and Registration
Authority so as to facilitate the registration of all persons and the establishment and maintenance of
multipurpose database, data warehouses, networking, interfacing of databases and related facilities. Section 9 of
the NADRA Ordinance 2000 provides that every citizen in or out of Pakistan who has attained the age of
eighteen years shall get himself and a parent or guardian of every citizen who has not attained that age shall, not
later than one month after the birth of such citizen, get such citizen registered in accordance with the provisions
of this Ordinance. The primary purpose of this Ordinance and the authority thereunder is to register persons or
classes thereof including citizens. It has already been held by this Court in the case titled 'Muhammad Salah-udDin
v. NADRA' (PLD 2012 Lahore 378) that a national database is to be maintained by the respondent. This
database record maintains all the required data regarding a citizen, thus establishing a database or information
base known as the citizen database. Every citizen is required to be registered with the respondent and to
effectuate the registration every citizen is issued a national identity card. The national identity card is a legal
document for identification of a citizen. Its issuance means that the information contained therein is valid and
correct. Every citizen who has attained the age of eighteen years is entitled to get himself registered with the
Respondent No.3. Section 9 of the NADRA Ordinance 2000 specifically addresses every citizen who has
attained eighteen years to get himself registered and every parent or guardian of every citizen to register the
birth of such citizen. The application form of the Respondents which seeks the details of the applicant for the
CNIC contemplates the category of 'Guardian' and also inquires the relationship with the family head to be
explained. The Petitioner is under the guardianship of Shamim Akhtar as issued by the Guardian Court on
23.5.2005. She is entitled to registration with the Respondents and for issuance of her CNIC. Under the
circumstances there is no justification to deny the Petitioner issuance of her CNIC.
9. In view of the aforesaid, this petition is allowed. The Respondents are directed to issue the CNIC to the
Petitioner forthwith.Petition allowed.