ISLAMABAD – Web Desk: The Supreme Court of Pakistan has declared unlawful an order to block a citizen’s national identity card for non-compliance with a court decree, ruling that such action has no legal basis under existing law.
Justice Munib Akhtar issued a three-page written judgment, stating that a Computerised National Identity Card (CNIC) is not a luxury but a basic necessity for everyday life. The court observed that depriving a citizen of their identity document is tantamount to denying a fundamental right.
The ruling set aside an earlier decision of the Sindh High Court, which had upheld a trial court’s directive to block the petitioner’s CNIC for failure to pay an amount decreed in a property dispute case.
The Supreme Court remarked that courts cannot adopt coercive measures beyond the scope of the law to enforce civil decrees. It questioned whether courts would next order the disconnection of electricity or water supply to recover dues.
The judgment stated that Section 51 of the Code of Civil Procedure does not provide for blocking a citizen’s identity card as a mode of executing a decree. It further clarified that amendments made by the Peshawar High Court to the Civil Procedure Code have no application in Sindh.
According to the case record, a trial court in 2016 had issued a decree against the petitioner for payment of a specified amount in a property matter. Upon non-payment, the trial court ordered the blocking of the petitioner’s CNIC — a decision later upheld by the Sindh High Court. The Supreme Court, however, ruled that such action was without lawful authority.
The apex court emphasized that in the absence of explicit legal provisions, no court can order the blocking of a citizen’s identity card as a means of enforcing a civil judgment.
