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Official Citation: 2025 SHC 2376
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 4320/2025 (D.B.) Sindh High Court, Karachi - Mst. Naqshi & Others (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 2376. In this matter between Const. P. 4320/2025 (D.B.) Sindh High Court, Karachi - Mst. Naqshi & 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.
COURT: Sindh High Court CASE NO: Const. P. 4320/2025 (D.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 2376 PARTIES: Mst. Naqshi & Others (Petitioner) ORDER DATE: 09-SEP-25 BENCH: Hon'ble Mr. Justice Yousuf Ali Sayeed, Hon'ble Mr. Justice Abdul Hamid Bhurgri(Author) A.F.R: Yes ------------------------------------------------------------ 1
ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
C.P No.D-4320 of 2025 [Mst. Naqshi and others v. Govt. of Pakistan and others]
DATE ORDER WITH SIGNATURE OF JUDGE(S).
Before; Mr. Justice Yousuf Ali Sayeed; Mr. Justice Abdul Hamid Bhurgri. 1. For orders on Misc. No.18187/2025. 2. For orders on office objections No.1 to 3. 3. For orders on Misc. No.18188/2025. 4. For orders on Misc. No.18189/2025. 5. For hearing of main case. .-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.
Date of hearing:- 09.09.2025
Mr. Shaikh Ikram Aziz, Advocate for the petitioners. .-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.
Abdul Hamid Bhurgri, J. - The petitioners have invoked the constitutional jurisdiction of this Court seeking directions to the respondents for renewal of CNICs, issuance of B -Forms, and compliance with the order of the Federal Ombudsman. 2. It is stated that Petitioner No.1, wife of Muhammad Younus, had obtained a CNIC in 2002 and a Birth Registration Certificate for her children in 2004. She, her husband, and some of the other petitioners al so obtained passports. On expiry of her CNIC in February 2015, she applied for renewal and for CNICs for Petitioners No.2 to 7, submitting all relevant documents. Her requests, however, were declined without lawful justification. Legal notices remained una nswered. Though the Wafaqi Mohtasib, vide order dated 07.05.2025, directed NADRA to process her case, the same was not complied with. The petitioners therefore pray for renewal of Petitioner No.1's CNIC, issuance of CNICs and B -Forms to the remaining petit ioners, compliance with the Ombudsman's order, and ancillary reliefs. 3. We have heard learned counsel and perused the material available on record. 4. Admittedly, the Wafaqi Mohtasib (Ombudsman) has already passed an order on the grievance of the pet itioners. Under Section 10(ii) of the Federal Ombudsman Institutional Reforms Act, 2013, the Ombudsman is vested with the power to implement his recommendations, orders or decisions. Section 10 (ii) of the Federal
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Ombudsman Institutional Reforms Act, 2013 is reproduced herein below for ready reference:- 10. Powers of Ombudsman :—In additional to powers exercised by Om budsman under the relevant legis lation, he shall also have following powers of a civil court, namely:- (i) granting temporary injunctions; and (ii) implementation of the recommendations, orders or decisions.
Furthermore, Section 12 of the said Act provides that where an authority fails to comply with such order, the Ombudsman may initiate contempt proceedings against the delinquent authority or official. Section 1 2 of the Federal Ombudsman Institutional Reforms Act, 2013 is reproduced herein below for ready reference:- 12. Power to punish for contempt. —An Ombudsman shall have power to punish for contempt as provided in the Contempt of Court Ordinance, 2003(V of 2003).
5. In these circumstances, the petitioners have a statutory remedy available before the Ombudsman for implementation of the order already passed in their favour. Accordingly, this petition is disposed of with the observation th at the petitioners may approach the Ombudsman for enforcement of his order, and if necessary, for initiation of appropriate proceedings under law.
JUDGE JUDGE
Ayaz Gul