LEGAL
The Supreme Court of Pakistan has declared the order of the Sindh High Court to block a citizen’s identity card for enforcing a court decision illegal.
Justice Muneeb Akhtar issued a three-page written judgment emphasizing that an identity card is not a luxury but a basic necessity for leading a normal life. The court observed that depriving a citizen of an identity card is equivalent to violating the fundamental right to life.
The judgment clarified that there is no provision under Section 51 of the Civil Code that allows for blocking an identity card as a form of enforcing payment or other court decrees. Furthermore, the Supreme Court stated that amendments made by the Peshawar High Court to the Civil Procedure Code (CPC) are not applicable to the province of Sindh.
The ruling highlighted that no court can suspend or block an individual’s identity card without explicit authority in the law. The SC’s decision comes in response to a case where a trial court in 2016 had issued a decree requiring a petitioner to pay a sum of money. For non-payment, the trial court ordered the blocking of the petitioner’s identity card, a decision that was upheld by the Sindh High Court.
The Supreme Court has now invalidated that action, reinforcing the principle that citizens’ access to identification documents is a fundamental right necessary for everyday life, and cannot be arbitrarily restricted by courts.