THE PETITIONERS APPLIED FOR CNICS

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

Writ Petition No. __________-A/0000

  1. Name
  2. Name
  3. Name sons of Name, all residents of Village Gul Kalck, P.O Sambara, Tehsil & District Name, Province, presently Name Tehsil & District City, through attorney Name son of Name.

…PETITIONERS

 

 

VERSUS

 

 

  1. National Data Base & Registration Authority (NADRA) through Chairman NADRA, Head Office City.
  2. General Manager, NADRA, Provincial Headquarter, City.
  3. Deputy Director (Verification), Regional Head Office, Khyber Pakhtunkhwa, City.
  4. Assistant Manager, NADRA Swift Registration Centre, Tehsil & District City.

 

…RESPONDENTS

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973, SEEKING DECLARATION/ DIRECTION TO THE EFFECT THAT, PETITIONERS PERMANENTLY BELONGED/ RESIDENTS OF VILLAGE Name, P.O Name, TEHSIL & DISTRICT Name, Province SINCE THEIR FOREFATHERS AND SUBSEQUENTLY SHIFTED TO VILLAGE Name, TEHSIL & DISTRICT Name AND RESIDING THERE FROM LAST MORE THAN FOUR DECADES. THE PARENTS OF THE PETITIONERS WERE ISSUED NATIONAL IDENTITY CARDS FROM DISTRICT REGISTRATION OFFICE ZHOB BEARING NO. S.000-00-000000 AND 000-00-000000, SUBSEQUENTLY THE PARENTS OF THE PETITIONERS APPLIED FOR CNICS FROM THE OFFICE OF RESPONDENT NO.0 ISSUED A LETTER/ NOTICE BEARING NO. NSRC/HRP/00/00 DATED 00/00/0000, DIRECTED THE PARENTS OF THE PETITIONERS TO SUBMIT/ DEPOSIT THEIR CNICS OF PETITIONERS’ PARENTS. THE PETITIONERS PARENTS FEELING AGGRIEVED OF THE ILLEGAL AND UNLAWFUL ACTS OF RESPONDENT NO. 0 CHALLENGED THE LETTER MENTIONED ABOVE BY WAY OF WRIT PETITION NO. 00/0000 BEFORE THIS HONOURABLE COURT, AND DURING PENDENCY OF THE WRIT PETITION, THE RESPONDENTS APPEARED AND OPENED THE PETITIONERS’ CNICS AND PETITIONERS OF THAT WRIT PETITION VIDE ORDER DATED 00/00/0000 WITHDRAW THE PETITION WITH THE PERMISSION TO FILE FRESH, BUT THE RESPONDENTS DESPITE LODGING FIR AGAINST PARENTS OF PETITIONERS IN WHICH THEY WERE ACQUITTED AND DESPITE NUMBER OF VERIFICATIONS DURING PENDENCY OF WRIT PETITION NO. 00/0000, AFTER WITHDRAWAL OF THE WRIT PETITION, THE RESPONDENTS AGAIN STARTED VERIFICATIONS ILLEGALLY AND UNLAWFULLY WITH ULTERIOR MOTIVES, ONLY TO PENALIZE THE PETITIONERS WITHOUT ANY RHYME AND REASON AND AGAIN BLOCKED THE IDENTITY CARDS OF THE PETITIONERS PARENTS, AND UPON SEVERAL REQUESTS/ QUERIES THE RESPONDENT NO.0, GAVE A LETTER WRITTEN BY RESPONDENT NO. 0 NO. 00/RHO-B(RM)/SV/ABT/N-00, DATED 00TH SEPTEMBER 0000. THE PETITIONERS PARENTS AGAIN APPROACHED THIS HONOURABLE COURT BY WAY OF WRIT PETITION NO. 000-A/0000 THE RESPONDENTS WERE AGAIN SUMMONED, WHO TOOK TIME FROM MOnth COURT TO VERIFY AND SUBSEQUENTLY AFTER THOROUGH VERIFICATION OPENED THE CARDS OF PETITIONER PARENTS, AND VERIFICATION OPENED THE CARDS OF PETITIONER PARENTS, AND WRIT PETITION NO. 000-A/000 WAS WITHDRAWN THROUGH CM NO. 000-A/0000 AND ORDER OF THIS AUGUST COURT DATED 00/00/0000.

========================================

 

It may please your lordships;-

 

The facts giving rise to the instant petition are arrayed as under;-

 

  1. That, the petitioners and their other family members belong to District Name Province and were residents of Village Name, P.O Name, Tehsil & District Name, Province where they have their landed properties and whole of the family of the petitioners is settled there since their forefathers. (Copies of Jumabandi and the certificates issued by the Political Naib Tehsildar, Political Agent, District Nazim, Honourable Qazi/ Family Judge District Name, DCO Name and Member National Assembly NA-000 are appended as Annexure “A” to “G”).

 

  1. That, subsequently the family of petitioners were temporary migrated from their parent District to Name for the purpose of livelihood and other reasons and started living as tenants/ Name with Name of Doragri, Name, Name. (Copy of affidavit issued by the Name S/o Sultan Muhammad Khan the landlord is appended as Annexure “H”).

 

  1. That, the petitioners’ family already hold National Identity Card issued in their name from their parent District Name Province. (Copy of identity Card is appended as Annexure “I” & “J” respectively alongwith the copy of Form “B” which is appended as Annexure “K”).

 

  1. That, the father of petitioners was also issued an Arms License from the competent authority. (Copy of the Arms License is appended as Annexure “L”).

 

  1. That, as mentioned above petitioners and their parents are residing in District City since long and after the General order or establishment of NADRA, the petitioners parents as well as their major brother applied for the CNIC before the office of respondents No. 0, who instead of issuing the same, started investigating the status of petitioners’ family and delayed the issuance of CNICs and at last lodged FIR No. 000 dated 00/00/0000 under Sections 000/000/000/000 PPC in Police Station City, city. (Copy of FIR is appended as Annexure “M”).

 

  1. That, the petitioners’ parents were arrested and subsequently released on bail and the case was put for trial, petitioners’ parents pleaded not the guilty of offences against them and during the trial statements of prosecution witnesses were recorded. (Copies of charge sheet and statement of PW-0 to PW-0 are appended as Annexure “N-0” to “N-0” respectively).

 

  1. That, the learned court of Senior Civil Judge/ Judicial Magistrate empowered under Section 00 Cr.PC acquitted the petitioners’ parents from the charges vide judgment dated 00/00/0000. (Attested copy of judgment is appended as Annexure “O”).

 

  1. That, petitioners’ parents alongwith other Family Members applied for CNICs to the concerned office of respondent No.0, petitioners’ father and mother were awarded with CNICs No. 00000-0000000-0 and 00000-00000-0 respectively. (Copies of Forms are appended as Annexure “P-0” to “P-0” whereas copies of CNICs are appended as Annexure “Q-0” to “Q-0”).

 

  1. That, the respondent No. 0 again issued notices No. NSRC/WRP/00-00 dated 00/00/0000 to petitioners’ father and mother, directing them to submit the CNICs’ in the office of respondent No.0 within five days. (Copies of notices are appended as Annexure “R” & “S” respectively).

 

  1. That, the petitioners’ parents sent a legal notice to respondent No. 0, through registered A/D Cover directing him to withdraw the notice (Annexure “R” & “S”). (Copies of the legal notice, post office receipts and A/D Card are appended as Annexure “T-0” to “T-0”).

 

  1. That, the respondent did not comply with the notice issued by the petitioners’ parents the petitioners’ parents filed an application for initiating contempt of court proceedings before the learned Senior Civil Judge/ Judicial Magistrate on 00/00/0000. (Attested copy of the application is appended as Annexure “U”).

 

  1. That, respondent No.0 was summoned who filed replication on 00/00/0000. (Attested copy of the replication is appended as Annexure “V”).

 

  1. That, learned Senior Civil Judge/ Judicial Magistrate vide order dated 00/00/0000, dismissed the application of the petitioners with the direction to approach the proper forum. (Attested Copy of order dated 00/00/0000 is appended as Annexure “W”).

 

  1. That, petitioners’ parents feeling aggrieved of the illegal and unwarranted practices of respondents filed writ petition No. 00/0000 dated 00/00/0000, before this August Court in which the respondents were summoned, and during pendency of the writ petition for more than three years, the respondents opened the CNICs of petitioners’ parents and writ petition was withdrawn by the petitioners with permission to file fresh vide order dated 00/00/0000. (Copy of writ petition and order dated 00/00/0000 are appended as Annexure “X” & “Y” respectively).

 

  1. That, respondents again without any justification, without any plausible reason, without referring their presence before this Honourable Court, and after the withdrawal of the writ petition, started verifying the CNICs’ of petitioners’ parents on 00/00/0000, without any intimation to petitioners’ parents and subsequently again blocked the CNICs of the petitioners’ parents again who approached the office of respondent No.0, who apprised that respondent No. 0 sent the case of petitioners for verification to RHO, NADRA, Baluchistan vide letter No. 17/RHO-B(RM)/SV/ABT/N-00, dated 00/00/0000 and their reply is still awaited, but failed to justify the blockage of the CNICs of petitioners’ parents. (Copy of the letter dated 00/00/0000 is appended as Annexure “Z”).

 

  1. That, petitioners’ parents/ family who are bonafide citizens of Pakistan since their forefathers who owned landed properties, who have been awarded National Identity Cards after thorough verifications and subsequently the CNICs, then the petitioners were questioned through criminal proceedings by respondents No. 0, in which after long investigations and trials they were acquitted from the charges levied against them by the Honourable Court of competent jurisdiction, further during the pendency of earlier writ petition for three long years the respondents failed to point out any illegality or irregularity on part of petitioners’ parents and opened their CNICs once again the respondents started depriving the petitioners parents / family from their legal and fundamental rights guaranteed/ protected under the law and the constitution, who once again being aggrieved of the illegal, unlawful, discriminatory and unconstitutional acts of the respondents filed constitutional petition No. ________/0000 before this Honourable Court on 00/00/0000 against the respondents, who appeared before the August Court and assured that they will never block the CNICs of petitioners’ family and upon assurance the writ petition was withdrawn vide order dated 00/00/0000. (Copies of writ petition and order are appended as Annexure “Z-0” and “Z-0” respectively).

 

  1. That petitioners No. 0 to 0 after becoming entitled for CNICs applied for their CNICs before respondents through requisite forms, the respondent department issued token on 00/00/0000, annexed all the proofs and court orders but they are not issuing the CNICs to the petitioners and deliberately delaying the matter without mentioning any plausible reasons for the reasons best known to them. (Copies of application forms and token receipt are appended as Annexure “Z-0”, “Z-0”, “Z-0” and “Z-0” respectively).

 

  1. That, feeling aggrieved of the repeated illegal acts of respondents by depriving their legal and fundamental rights guaranteed under the constitution being citizen of Pakistan, comes to invoke the extra ordinary jurisdiction of this Month Court by way of instant writ petition, inter-alia, amongst many other; –

 

 

GROUNDS;-

 

 

  • That, the acts of respondents, despite the fact and realities, that a Court of competent jurisdiction and authentications of related Government officials is a proved example of malafide and grudges, which is nullity in the eye of law, discrimination, illegal harsh, unlawful and without lawful authority, hence, liable to be struck down.

 

  • That, it is evident, rather proved from the court of competent jurisdiction that the respondents failed to highlight any fake or illegal act of petitioners by submitting their forms and approved the nationality of the petitioners and their entire family as Pakistani Nationals, but respondents are bent upon, not only to issue/ delay the computerized NIC of the petitioners, but trying to harass them by illegal ways, just to deprive them of the basic legal rights.

 

  • That, it is also proved fact established from the mouth of respondent No. 0 that except the appearance of petitioners and language (Name) there is nothing in black and white to declare them aliens.

 

  • That, the respondents as per their own statement conducting detailed inquiry with regard to the genuineness of petitioners family, but failed to convince the petitioners and the competent court of law about the so-called inquiry, which shows the proved malafide on the part of respondents.

 

  • That, the petitioners parents already submitted the letters/ certificates to the respondents as well as before the learned Senior Civil Judge, city and the same are annexed with the titled petition for the perusal of this Month Court. This way of the respondents to confirm the same from the signatories, but they failed to do so, hence, created a grave injustice.

 

  • That, act of respondents by blocking the CNICs of the petitioners family are nothing else but to torture, humiliate, harass and penalize the petitioners only to get ill-gotten gains for ulterior motives, without any lawful proof and justification, hence, they re-opened during pendency of writ petitions due to which, same were withdrawn upon assurances of respondents, any how again the respondents started delaying the issuance of petitioners CNICs without any rhyme and reason which is not only against the facts and law, but also amounts to disobyance of their own verdict before the competent court of law, and decisions made by this August Court in above mentioned petitions.

 

  • That, there is no other alternate and efficacious remedy is available to the petitioners other than the titled writ petition.

 

  • That, court fees stamp paper worth Rs. 500/- is attached herewith.

 

 

It is, therefore, most respectfully prayed that by accepting the instant writ petition, the respondents may graciously be directed to issue CNICs to the petitioners No. 0 to 0 and issue Form “Bay” for respondents No.0 without any delay and shall finalize the issue before this Honourable Court. Any other order/ direction/ relief which this Month Court may deemed fit and proper in the circumstances.

 

 

INTERIM RELIEF;

 

The petitioners having prima facie arguable case in their favour and burden of inconvenience also tilts in favour of petitioners, due to non issuance of their CNICs they are facing irreparable loss and are subjected to numerous verifications, despite of the fact that petitioners family has already been declared Pakistani National by respondents the petitioners shall not be humiliated and tortured through various agencies till final disposal of titled petition.

 

 

…PETITIONERS

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

VERIFICATION:-

 

Verified on oath that the contents of forgoing writ petition are true and correct to the best of our knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

…PETITIONERS

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

 

Name and others.

…PETITIONERS

 

VERSUS

 

 

National Data Base & Registration Authority (NADRA) through Chairman NADRA, Head Office Name and others.

 

…RESPONDENTS

 

 

WRIT PETITION

 

 

AFFIDAVIT

 

I, Name son of Name resident of Village Name, P.O Name, Tehsil & District Name, Province, presently Mohallah Name, Tehsil & District Name, attorney of the petitioner, do hereby solemnly affirm and declare that the contents of forgoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

DEPONENT

Identified by;

 

 

 

(Name)

Advocate Supreme Court of Pakistan,

City

 

 

 

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

Name and others.

…PETITIONERS

 

VERSUS

 

 

National Data Base & Registration Authority (NADRA) through Chairman NADRA, Head Office Name and others.

 

…RESPONDENTS

 

 

WRIT PETITION

 

 

CERTIFICATE

 

 

 

Certified that no such like writ petition has earlier been filed, nor decided by this Honourable Court. It is prayed that the titled writ petition may pleased be fixed before Divisional Bench of this Honourable Court.

 

 

…PETITIONERS

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

 

Name and others.

…PETITIONERS

 

VERSUS

 

 

National Data Base & Registration Authority (NADRA) through Chairman NADRA, Head Office Name and others.

 

…RESPONDENTS

 

 

 

WRIT PETITION

 

 

LIST OF BOOKS

 

 

 

  1. Constitution of Islamic Republic of Pakistan, 1973.

 

 

  1. Other relevant law books shall be cited at bar.

 

 

 

 

…PETITIONERS

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

Writ Petition No. __________-A/0000

 

Name and others.

…PETITIONERS

 

VERSUS

 

 

National Data Base & Registration Authority (NADRA) through Chairman NADRA, Head Office Name and others.

 

…RESPONDENTS

 

WRIT PETITION

 

ADDRESSES OF THE PARTIES

 

Respectfully Sheweth:-

Addresses of the parties are as under:-

 

  1. Name
  2. Name
  3. Name sons of Name, all residents of Village Name, P.O Name, Tehsil & District Name, Province, presently Mohallah Name, Tehsil & District Name, through attorney Name son of Name.

…PETITIONERS

VERSUS

 

  1. National Data Base & Registration Authority (NADRA) through Chairman NADRA, Head Office City.
  2. General Manager, NADRA, Provincial Headquarter, City.
  3. Deputy Director (Verification), Regional Head Office, Khyber Pakhtunkhwa, EOBI Building, City.
  4. Assistant Manager, NADRA Swift Registration Centre, Tehsil & District City.

…RESPONDENTS

 

 

…PETITIONERS

Through

Dated: ____________/0000

(Name)

Advocate Supreme Court of Pakistan, City

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. __________-A/0000

 

 

Name and others.

…PETITIONERS

 

VERSUS

 

 

National Data Base & Registration Authority (NADRA) through Chairman NADRA, Head Office Name and others.

…RESPONDENTS

 

WRIT PETITION

 

INDEX

S. # Description Page # Annexures
1. Writ petition with affidavit and certificate 1 to 19  
2. List of Books 20  
3. Addresses of the parties 21  
4. Copies of Jumabandi and the certificates issued by the Political Naib Tehsildar, Political Agent, District Nazim, Honourable Judge District Name, DCO Name and Member National Assembly NA-000   “A” to “G”
5. Copy of affidavit issued by the Name S/o Name the landlord   “H”
6. Copy of identity Card   “I” & “J”
7. copy of Form “B”   “K”
8. Copy of the Arms License   “L”
9. Copy of FIR   “M”
10. Copies of charge sheet and statement of PW-0 to PW-0   “N-1” to “N-7”
11. Attested copy of judgment   “O”
12. Copies of Forms   “P-1” to “P-3”
13. Copies of CNICs   “Q-1” to “Q-2”
14. Copies of notices   “R” & “S”
15. Copies of the legal notice, post office receipts and A/D Card   “T-1” to “T-3”
16. Attested copy of the application   “U”
17. Attested copy of the replication   “V”
18. Attested Copy of order dated 00/00/0000   “W”
19. Copy of writ petition   “X”
20. Copy of order dated 00/00/0000   “Y”
21. Copy of the letter dated 00/00/0000   “Z”
22. Copies of writ petition and order   “Z-1” and “Z-2”
23. Copies of application forms and token receipt   “Z-3”, “Z-4”, “Z-5” & “Z-6”
24. Copies of notices and register receipts   “Z-7”
25. Court fee stamp paper worth of Rs. 500/-    
26. Wakalatnama    

 

 

 

 

…PETITIONERS

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

OFFICE OF NAME

Advocate Supreme Court of Pakistan, office at City

 

To

 

 

  1. National Data Base & Registration Authority (NADRA) through Chairman NADRA, Head Office City.
  2. General Manager, NADRA, Provincial Headquarter, City.
  3. Deputy Director (Verification), Regional Head Office, Khyber Pakhtunkhwa, EOBI Building, City.
  4. Assistant Manager, NADRA Swift Registration Centre, Tehsil & District City.

 

 

Subject:       NOTICE OF FILING OF WRIT PETITION.

 

 

On the advice of my clients Name and others, a writ petition is being filed before the Honourable Name High Court, Name Bench. A notice/ intimation of the same is being sent to you for information/ necessary action under the law. Copy of writ petition is attached herewith.

 

 

Dated: ___________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

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