The Supreme Court has declared as illegal the Sindh High Court’s order to block a citizen’s national identity card in order to enforce a court judgment, ruling that depriving a citizen of a Computerised National Identity Card (CNIC) is tantamount to taking away the fundamental right to life.
Justice Muneeb Akhtar issued a three-page written judgment, stating that a national identity card is not a luxury but a basic necessity for leading an ordinary life. “Will courts tomorrow also order the disconnection of electricity and water connections for the recovery of money?” the judgment read.
The court held that no provision under Section 51 of the Code of Civil Procedure permits the blocking of a national identity card, and that without a clear provision in law, no court can order such action
It further noted that an amendment made by the Peshawar High Court to the Code of Civil Procedure does not apply to the province of Sindh.
The case stems from a 2016 trial court decree issued against the petitioner in a property dispute, directing him to deposit a determined amount. Upon non-payment, the trial court ordered the blocking of his national identity card — a decision the Sindh High Court subsequently upheld. The Supreme Court has now overturned that ruling.
Supreme Court Declares Blocking of CNIC for Recovery of Money Illegal
In a significant ruling protecting citizens’ fundamental rights, the Supreme Court of Pakistan has declared that blocking a person’s Computerised National Identity Card (CNIC) to enforce a court decree is unlawful.
Justice Muneeb Akhtar, in a detailed written judgment, held that a CNIC is not a luxury but a basic necessity for living an ordinary life in Pakistan. The Court observed that depriving a citizen of their national identity card is equivalent to depriving them of their fundamental right to life.
The judgment raised an important constitutional question:
if blocking a CNIC is allowed for recovery of money, Could the disconnection of electricity and water services next be ordered by the courts for the same purpose? it was made clear by the court that such coercive measures cannot be adopted without clear legal authority.
No Legal Basis Under Section 51 CPC
The S.C examined Section 51 of the CPC and held that there is no provision allowing courts to block a national identity card for the execution of a decree.The Court emphasized that without an express provision in law, no court has the power to order the suspension or blocking of a CNIC.
The Court also clarified that amendments made by the Peshawar High Court to the Code of Civil Procedure are not applicable in the province of Sindh.
Background of the Case
The matter arose from a 2016 trial court decree in a property dispute, where the petitioner was directed to deposit a specified amount. Upon failure to comply, the trial court ordered the blocking of his CNIC. This order was intact till Sindh High Court. However, the Supreme Court has now set aside both decisions.
Why This Judgment Is Important
This ruling reinforces the principle that fundamental rights cannot be curtailed through judicial innovation without statutory backing. A CNIC is essential for employment, banking, travel, property transactions, and access to basic services. Blocking it effectively paralyses a citizen’s daily life.
The decision sets an important precedent in execution proceedings and limits the scope of coercive measures available to courts.