Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 155. In this matter between Const. P. 2654/2024 (D.B.) Sindh High Court, Karachi - Muhammad Akram & Others (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 2654/2024 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 155 PARTIES: Muhammad Akram & Others (Petitioner) ORDER DATE: 28-JAN-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI

CP No.D-2654 of 2024 (Muhammad Akram & others v The Chairman NADRA) _______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi Date of hearing and order:- 28.01.2026 Mr. Irfan Ali, Advocate for the Petitioner. Mr. Muhammad Ahmed, DAG. Mr. Abdul Samad, Advocate for NADRA. ___________________ O R D E R Adnan-ul-Karim Memon, J.- Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the Petitioner is seeking the following relief: i. To direct the Respondents No.1, 2 & 3 to remove the name of NAQEEB ULLAH bearing CNIC No.42201-07208005 from the family tree of the petitioners , with further direction to the Respondents to UN-BLOCK the CNICs of the Petitioners and their family members immediately.

ii. Any other relief(s) which are deemed to fit and appropriate under the circumstances of the case in favour of the petitioner.

2. The Petitioners, are claiming to be Pakistani nationals, and are children of Muhammad Ashraf S/O Said Alam and Petitioner No.3. Muhammad Ashraf, born on 25 - 05-1952, had five children with Petitioner No.3: Petitioners No.1, 2, 4, 5, and 6. He left the family in 2012, remarried, and has not maintained contact with his first family. It is submitted that Petitioner No.1 completed his education in Karachi and NWFP, marri ed Mst. Kaneez Fatima, and has three children. He has traveled abroad for TABLEEGH purposes and holds a valid passport. Petitioner No.2 is married to Muhammad Shoaib and has one child. Petitioners No.4, 5, and 6 are married and have children as detailed in the petition. It is submitted that in March 2024, Petitioner No.2 received a notice from Respondent No.3 incorrectly listing one NAQEEB ULLAH as a family member, which prompted the Petitioners to visit the NADRA office in Karachi in May 2024. Despite submitting the required BIYAN -E-HALFI and all original documents, the Respondents blocked the CNICs of the Petitioners instead of correcting the record. Is submitted that repeated requests to unblock the CNICs and remove the incorrect entry have been ignored. Petitioner No.2, residing permanently in SWABI, executed a Special Power of Attorney in favor of Petitioner No.1 to act on her behalf. 3. The Petitioners' counsel contend that Respondents No.2 and 3 are misusing their official powers, refusing to correct t heir own errors without justification, and causing the

Petitioners mental anguish and hardship. These actions, they submit, violate their fundamental rights under the Constitution. The Petitioners have no alternative remedy except to approach this Honorabl e Court under Article 199 of the Constitution, seeking directions to remove the incorrect entry of NAQEEB ULLAH from their family tree and to immediately unblock their CNICs. He prayed to allow this Petition. 4. Learned counsel for the NADRA submitted that , per NADRA HQ letter No. Nadra/hqOps/imp/i&p18-15170/988 dated 19.10.2023, a fake/tempered Pakistan Passport was handed over by Saudi authorities. Notices were issued to the applicants (Impass No.1/22/2023-policy dated 22.09.2023; RHO Karachi Minibus Nadr a/vi/hod/bik/23/10 dated 17.11.2023), but Petitioners were advised to approach the V&R Branch, Awami Markaz, with all supporting documents, including originals before 1979. 5. Learned NADRA counsel submitted that Naqeebullah could not be segregated from the Petitioners’ family tree, as his CNIC was processed in 2009 with the intent of Muhammad Ashraf, family head and father of Petitioners No.1, 2, 4 & 6, and husband of Petitioner No.3. The alleged intruder provided a birth certificate naming Muhammad Ashraf as father and a death certificate naming mother as Jannat. Hence, the Petitioners’ claim is baseless and requires strong documentary proof before a competent court. 6. After arguing the matter at some length, b oth parties agreed that Petitioners shall appear before the V&R Branch, Awami Markaz, on any working day with supporting documents, including pre -1979 documents, for processing by NADRA authorities in accordance with law. The request so made seems to be reasonable and acceded to. 7. Petition stands disposed of in the above terms.

J U D G E J U D G E Hyder/PS

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