Can NADRA block a CNIC for non-payment? LHC gives clear ruling

The LHC ruled CNIC cannot be blocked over maintenance payments, declaring such action unlawful and ordering the restoration of an identity card.

Justice Muzamil Akhtar Shabir issued the judgment while accepting a petition filed by Nasir Ali Ranjha. The ruling cancelled a 2017 order of a Gujrat court that had directed NADRA to block his CNIC over unpaid maintenance for his wife and children.

The petitioner argued that the lower court had exceeded its legal powers by ordering the blocking of his identity card. His wife, however, maintained that the measure was necessary because he had repeatedly avoided complying with the maintenance order while living abroad.

In the judgment, the court stated that no court can order the blocking of a CNIC without clear legal authority. Justice Shabir referred to recent Supreme Court and Lahore High Court decisions supporting this position.

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The judge explained that a CNIC is an essential document for daily life. It is required for obtaining passports, opening bank accounts, getting employment, accessing public services, travelling and appearing before courts.

According to the ruling, blocking a CNIC can affect several constitutional rights. The court noted that such restrictions must have clear legal backing before they can be imposed.

Justice Shabir further observed that under the NADRA Ordinance, a CNIC may only be cancelled, impounded or confiscated in specific situations defined by law. These situations include issues such as fraud, forgery or legal ineligibility.

The court declared the 2017 order to be without lawful authority and directed that the petitioner’s CNIC be restored immediately. However, it clarified that the maintenance recovery case will continue through legal channels.

The ruling highlights the difference between enforcing court orders and protecting fundamental rights. It also raises important questions about how maintenance decrees should be implemented while staying within legal limits.

This decision reinforces that courts must act within powers granted by law. The ruling protects citizens’ identity rights while allowing maintenance recovery cases to continue through other legal methods.