ISLAMABAD: The Supreme Court of Pakistan has set aside a ruling of the Sindh High Court that had ordered the blocking of a citizen’s Computerised National Identity Card (CNIC) for failure to comply with a money decree.
In a detailed three-page judgment, Justice Munib Akhtar underscored that a CNIC is indispensable for daily life and cannot be treated as a punitive tool in civil execution proceedings.
“A CNIC is not a privilege or a mere statutory formality. In contemporary society, it is fundamental to living an ordinary life. Denying a person this document is not a proper exercise of judicial discretion,” the judge observed, disagreeing with the Sindh High Court’s interpretation.
The apex court examined Section 51 of the Code of Civil Procedure (CPC), which outlines lawful methods for enforcing court decrees. It held that these provisions cannot be stretched to justify actions that fall outside the scope of the law.
The case involved a money decree, and the Court found no legal basis for enforcing payment by suspending the debtor’s CNIC. The judgment cautioned that accepting such reasoning could open the door to other excessive measures, such as cutting off electricity or water connections to compel compliance.
While courts retain authority to ensure their orders are implemented, the Supreme Court emphasized that enforcement mechanisms must remain within statutory limits and must not deprive individuals of essential means of livelihood.
The ruling also addressed a 2018 amendment introduced by the Peshawar High Court to the CPC applicable in Khyber Pakhtunkhwa. Under Order 21, Rule 117, courts in that province may direct the blocking of a CNIC in certain circumstances to secure attendance or execution of decrees.
However, the Supreme Court clarified that this provision is specific to Khyber Pakhtunkhwa and has no application in Sindh, where the current case originated.
“The inclusion of an explicit provision by the Peshawar High Court demonstrates that, without clear legislative authorization, such powers cannot be presumed under general execution clauses,” the verdict noted.
The matter traces back to a 2016 trial court decree ordering the petitioner to pay a sum of money. Upon non-payment, the trial court directed that the individual’s CNIC be blocked a decision later upheld by the Sindh High Court. The Supreme Court has now overturned that decision, declaring the measure legally unsustainable.
