It has been noted that the NADRA usually issues direction to obtain court order for seeking correction/rectification of incorrect entry in the Computerized National Identity Card (CNIC). For instant, you have any mistake in your name, father name, gender, address whatever in nature and when you point out the same to NADRA, the NADRA official will give you the instruction to get Court Judgement for making any rectification in your Computerized National Identity Card (CNIC) which is absolutely ill advice and direction and it would amount to dragging the Card holder in unnecessary and cumbersome legal proceedings which otherwise are not warranted under the law.

There is no need to get any court order for rectification in Computerized National Identity Card (CNIC). It is legal obligation of the NADRA officials to verify the correction from other records such as NADRA have the record of Family tree.

A Petition was filed by a lady (Petitioner) in the Honorable High Court of Sindh at Karachi and prayed that her father’s name has been incorrectly mentioned in the computer form which was issued by NADRA and was given to the petitioner for attestation however, when it was pointed out that name of her father has been incorrectly mentioned as xxxxxxxxx  instead of yyyyyyyyyy, NADRA’s officials have directed the petitioner to obtain a decree from the Court in this regard. The Counsel for the petitioner argued the matter that in the previous CNIC of the petitioner as well as her Nikahnama and other documents of the petitioner, the name of her father has been correctly mentioned, whereas, NADRA has no material or any document which may suggest that the name of father of the petitioner is xxxxxxxxx, except, the entry in the registration form.

The Divisional Bench of Honorable Judges of Honorable High Court of Sindh at Karachi, comprises on Mr. Justice Aqeel Ahmed Abbasi and Mr. Justice Muhammad Junaid Ghaffar has passed an order which is reported in 2017 CLC 1366 in which the Honorable Bench has held that:

We have heard the learned Counsel for the parties and perused the record. We are not inclined to accept the contention of the learned Counsel for NADRA requiring the petitioner to obtain any judgment and declaration to seek rectification of incorrect entry in, NADRA’s registration form, which entry has been seriously disputed by the petitioner who has stated that the same has been entered by respondents, perhaps due to in advantageous and requires rectification. It would amount to dragging the petitioner in unnecessary and cumbersome legal proceedings which otherwise are not warranted   under the facts and circumstances of this case, as the petitioner is not seeking any declaration contrary to record. We have noted that in family tree of the members of the petitioner supplied by the Counsel for the NADRA as annexure “A” along with statement filed in Court reflects that in all the CNICs issued to other family members of the petitioner i.e. brothers and sisters, the name of their father is mentioned as xxxxxxxxxx and not yyyyyyyyyyyyy whereas in respect of petitioner it has been wrongly mentioned as xxxxxxxxxxxxxxxxx.

Accordingly, we dispose of this petition with the direction to NADRA to make necessary correction in the Registration Form of the petitioner by making the correct entry in the column of father’s name of the petitioner as Shams-uz-Zoha instead of Abdul Aziz and issue CNIC to the petitioner within 15 days from the date of receipt of this order, whereafter, compliance report may be submitted to this Court through MIT within another 7 days.

Besides above, in the Honorable Lahore High Court has held in its judgment reported in PLD 2012 Lahore 378 that the National Database and Registration Authority Ordinance, 2000 (Ordinance) provides for the establishment of a national data base and for a Registration Authority to facilitate the registration of all persons. The purpose, object, functions and powers of the respondent are provided for in section 5. Section 10 provides for the issuance of national identity card to any citizen. Section 9(1) of the Ordinance provides for the registration of all the citizen under the Ordinance and also provides that citizens registered under the previous law, being the National Registration Act, 1973 shall be deemed to be registered under this  Ordinance.  Section  9(1)  of  the  Ordinance  is  reproduced below:–

“(1)      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 the 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.

           ………………

Provided further that all such citizens who stand validly registered under any law immediately before the commencement of this Ordinance shall be deemed to have been registered under this  Ordinance  and  their  registration  shall,  subject  to sections 17, 18 and 30 remain valid till the expiry of two years from the commencement of this Ordinance, or such time as may be notified by the Federal Government, or till such time as such citizen is registered afresh as hereinafter provided, whichever is earlier.”

The aforementioned provisions provide that a national data base is to be maintained by the respondent. This data base record maintains all the required data regarding a citizen, thus establishing a data base or information base known as the citizen data base. 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 the identification of a citizen. Its issuance means that the information contained therein is valid and correct. Therefore, by not correcting an error in its data base or on the CNIC the respondent is in fact going against the spirit of the Ordinance and is not performing its primary function. It is also perpetuating a wrong in its own data base, which negates the purpose of a national identity card. The respondent is bound to maintain a correct data base and is bound to print the correct information on the CNIC.

In view of the above judgement, it has been established that there is no need of any court order for making rectification in CNIC. In fact it is significant to mention here that the Honorable Bench of Sindh High Court has further order that “It is clarified that any violation or defiance of this order will expose the delinquent officials to the Contempt of Court proceedings which may be initiated in the instant case”.

NOTE

This information provided in the article do not constitute legal advice and are not intended by the author.

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