Lahore High Court rules CNIC cannot be blocked to enforce maintenance decree

LAHORE: The Lahore High Court (LHC) has ruled that a citizen’s computerised national identity card (CNIC) could not be blocked to enforce a maintenance decree, holding that such a measure had no sanction under the law and violated due process.

Justice Muzamil Akhtar Shabir passed a judgement allowing a petition filed by Nasir Ali Ranjha, setting aside an executing court’s 2017 order directing the National Database and Registration Authority (Nadra) to block his CNIC for non-payment of maintenance to his wife and children.

The petitioner had challenged the order passed by the executing court in Gujrat under Section 51(e) of the Code of Civil Procedure (CPC), as well as subsequent orders refusing to recall the direction.

The executing court had ordered the petitioner’s CNIC to be blocked after observing that he was residing abroad and had deliberately avoided complying with the maintenance decree.

Observes blocking identity card without express legal authority violates due process, fundamental rights

The court had also initiated proceedings for the auction of his property.

Before the high court, his wife and other respondents argued that the petitioner had persistently evaded execution proceedings, making the blocking of his CNIC necessary to compel his appearance and ensure compliance with the decree.

Justice Shabir, however, observed that the executing court had exceeded its legal authority.

Relying on recent judgements by the Supreme Court and the LHC, the judge observed that Section 51(e) of the CPC, which allowed execution of decrees “in such other manner as the nature of the relief may require”, could not be interpreted to authorise the blocking of a CNIC.

The judge observed that although courts were expected to adopt effective measures for enforcing decrees, such powers could not be exercised in a manner that deprived a person of an essential identity document without express legal authority.

‘Indispensable’

Justice Shabir noted that a CNIC was no longer a mere statutory document but had become indispensable for leading an ordinary life.

“It is required for obtaining a passport, opening bank accounts, securing employment, accessing utility services, travelling, appearing before courts and availing numerous public and private services,” he added.

The judge observed that deprivation of a CNIC directly affected the enjoyment of several fundamental rights guaranteed under the Constitution.

Therefore, he added, its blockade could not be ordered except in accordance with the procedure prescribed by law.

The judge further held that under the Nadra Ordinance, a CNIC “may only be cancelled, impounded or confiscated in the limited circumstances specified by law, such as fraud, forgery or ineligibility”, and not to compel compliance with a civil decree.

The judge observed that the impugned orders passed by the lower courts dismissing the petitioner’s application for restoration of his CNIC on technical grounds were sketchy, as the petitioner had been directed to place the relevant document on record instead of having his plea rejected outright.

Allowing the petition, the judge declared the 2017 order blocking the petitioner’s CNIC to be without lawful authority and directed that his identity card be restored forthwith.

However, Justice Shabir clarified that the restoration of the CNIC would not affect the ongoing execution proceedings for the recovery of maintenance, which shall continue strictly in accordance with the law.

Published in Dawn, July 10th, 2026

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