Sindh High Court: No Law Allows Blocking CNIC in Civil Cases

In a significant ruling that clarifies the legal landscape in Sindh, the Sindh High Court has asserted that the province's laws do not empower civil courts to block a person's Computerized National Identity Card (CNIC) as a means of enforcing decrees. This decision, reported by Dawn, addresses a critical issue concerning the use of CNICs as leverage in civil disputes and underscores the importance of adhering to established legal procedures. The court, headed by Justice Muhammad Hasan Akber, pointed out that following the 18th Constitutional Amendment, the Civil Procedure Code (CPC) became a provincial subject. Crucially, the CPC as enforced in Sindh does not contain any provision that would permit the blocking of a CNIC in civil litigation. This legal vacuum means that such actions, even if intended to expedite the execution of decrees, lack a legitimate foundation. The case in question involved a civil court's directive to the National Database and Registration Authority (NADRA) to block the CNIC of a judgment debtor. The High Court found this order to be misplaced, particularly the reliance on a provision from the CPC inserted by the Khyber Pakhtunkhwa Assembly, which is not applicable in Sindh. Furthermore, the court emphasized that even for the execution of decrees under banking jurisdiction, specific mechanisms outlined in the CPC and the Financial Institutions Ordinance, 2001, must be strictly followed. The ruling highlights a potential overreach by lower courts and reaffirms that blocking a CNIC carries far more severe implications than issuing a warrant of arrest. From a Pakistani perspective, this judgment is vital. It protects citizens from arbitrary actions that could severely impact their ability to conduct daily affairs, as the CNIC is fundamental for almost all transactions and services. The court's emphasis on due process and the correct application of provincial law ensures that individuals are not unduly penalized, especially when errors, such as incorrect addresses leading to non-service of notices, occur on the part of the decree holder. This ruling reinforces the principle that legal remedies must be sought within the bounds of the law, safeguarding fundamental rights.

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no provision exists in the general and special laws in the province about blocking of computerised national identity card (CNIC) of any person in civil litigation.