SHC says no law allows CNIC blocking in civil cases

KARACHI: The Sindh High Court has ruled that there is no provision in the general or special laws applicable in Sindh that permits the blocking of a computerised national identity card in civil litigation.

A single-member bench headed by Justice Muhammad Hasan Akber made the observations while deciding two civil miscellaneous applications filed by Malik Ali Zain, one of the judgment debtors in a decree, against an order of a civil court that had directed the National Database and Registration Authority (Nadra) to block his CNIC.

According to the court order, the civil court had issued directions to Nadra in May last year on an application moved by the decree holder under Section 51 of the Civil Procedure Code (CPC) for execution of the decree. The impugned order had been passed after notice or publication was not served on two judgment debtors.

Court examines legal basis

After hearing the parties and reviewing the record, the bench said the decree holder’s lawyer had relied on Order XXI Rule 77 of the CPC, a provision inserted through an amendment by the Khyber Pakhtunkhwa Assembly, to justify the blocking of the CNICs of the two judgment debtors.

The high court observed that after the 18th Constitutional Amendment, the CPC had become a provincial subject. It said the provision cited by the decree holder’s counsel was neither available nor enforceable in Sindh, making reliance on it misplaced.

"Secondly, it is also to be noted that for execution of a decree under the banking jurisdiction, a complete mechanism is provided under the CPC, being the general law and under the Financial Institutions Ordinance, 2001 being special law applicable to this case, which provisions and mechanisms are required to be followed strictly in letter and spirit. Conspicuously, none of these two laws, as applicable in the province of Sindh, contain any specific provision for blocking of CNIC of a judgment debtor in satisfaction of a decree," the bench stated.

The bench further held that reliance on Section 51 of the CPC was also misplaced. It noted that even before a warrant can be issued under that provision, certain mandatory pre-requisites must be fulfilled. The court said that when the impugned order was passed, none of those pre-conditions had been pleaded and no warrant had been ordered.

Findings on service and recovery amount

The court also pointed to defects in the execution proceedings. It observed that an incorrect address of the applicant and judgment debtor had been provided in the execution application, which prevented valid service upon him. The bench said the applicant should not be penalised for that mistake on the part of the decree holder.

It also noted that the exact amount which, according to the decree holder, was to be recovered in final satisfaction of the decree had yet to be placed on the court record.

In light of these findings, the Sindh High Court set aside the civil court’s order and directed Nadra to immediately restore the CNICs of the judgment debtors.