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The following judgement is on the topic of fingers print and Thumb impression on nadra CNIC
Brief story of the case is this , petitioner was disable person,havig imputated hand from shoulder.
Main reason to file the case was that Nadra issue the ID card to the plaintiff without foot toe Impression and deprived him facility to open bank account, register Sim card.
Court order the Nadra to issue him ID card with foot toe Impression.
And also amendment in nadra law , that if any person have not his hand his left foot toe Impression will be taken, and if he have not left foot then right foot impression will be taken.
The High court judgment explain the process for the people whose fingers prints have been erased or there fingers are less naturally or in the result of any accident.
For more information Whatsapp (+92-324-4010279)
The petitioner file a petition that petitioner is certified disabled person,
IN THE LAHORE HIGH COURT LAHORE
JUDICIAL DEPARTMENT
Case No. Crl. Org. No. 39725-W of 2017.
Muhammad Nazak.
Versus
Usman Yousaf Mobeen etc.
JUDGMENT
Date of Hearing:
15.09.2017.
Petitioner by:
Mr. A. D. Naseem, Advocate.
Respondents by:
Mr. Muhammad Jamil Khan, Advocate.
M/s Saqib Jamal and Hamid Rafiq, Law
Officers NADRA.
Mohsin Matloob, Deputy Director (Operations),
NADRA.
Shahid Jamil Khan, J. This petition is for initiation of
contempt proceedings on alleged defiance of order dated 07.04.2017
in Writ Petition No.8999 of 2017.
2.
Petitioner approached this Court through referred petition,
being a certified disabled person, having amputated hands from
shoulders. Grievance of petitioner was that Computerized National
Identity Card (“CNIC”), issued without foot toe impression, had
deprived him from availing certain facilities like issuance of mobile
sim card; opening of bank account etc. It was pleaded that respondents
were not implementing Regulation No.13 of the National Database
and Registration Authority (Application for National Identity Card)
Regulation, 2002, (“Regulations of 2002”). The Regulation No.13 is
reproduced:-
“13. Treatment of certain persons under these regulations.--(1)
An eunuch shall be treated as male and an identity card shall be
issued accordingly.
(2)
An application whose hands are amputated shall put the
impression of his left foot toe on the application form and, if the left
Crl. Org. No. 39725-W of 2017.
2
foot toe is also amputated, the impression of the right foot toe shall
be put on the application form at the prescribed place in the
application form.”
3.
Mr. Mohsin Matloob, Deputy Director (Operations), NADRA
appeared and informed that certain amendments in software module
were required to implement the regulations. Six weeks’ time was
given for the amendments and issuance of CNIC with foot toe
impression. Operative part of order is reproduced:-
“3.
Needless to say that each and every day of the petitioner,
without facilities to which he is entitle, is important, therefore, only
six weeks’ time is granted to respondents to make the necessary
changes in the software and issue revised CNIC with foot toe
impressions to the petitioner.
Mr. Mohsin Matloob, Deputy Director (Operations), has
undertaken to call the petitioner himself for issuance of revised
CNIC after completing the formalities noted above.
Disposed of.”
4.
Petitioner has approached this Court again through captioned
petition, contending that order of this Court has not been implemented
in letter and spirit. It was apprised that CNIC, as directed has been
issued, but the foot toe impression is not being recognized/verified by
the software of the respondents, enabling him to avail the facilities.
In response to the notices, Mr. Mohsin Malik Deputy Director
(Operations), appeared but could not reply satisfactorily. Chairman
NADRA was directed to look into the matter directly and submit
report.
Today, following Notification is produced in the Court,
whereby the Regulation 13 has been amended”-
“Government of Pakistan
Ministry of Interior
****
Islamabad, dated 21st July, 2017
NOTIFICATION
No. 8/37/2016-NADRA. Further to amend the National Database
and Registration Authority (Application for National Identity Card)
Regulation, 2002.
WHEREAS it is expedient further to amend the National Database
and Registration Authority (Application for National Identity Card)
Regulation 2002;
NOW THEREFORE, in exercise of the powers conferred by Section
45 of National Database and Registration Authority Ordinance,
2000, the National Database and Registration Authority is pleased to
amend National Database and Registration Authority (Application for
National Identity Card) Regulation, 2002, as under:-
1.
Short title and commencement.- (1) This Regulation be
called the National Database and Registration Authority (Application
for National Identity Card) (amendment) Regulation, 2017.
(2) It shall come into force at once.
2.
Amendment of Regulation 13 National Database and
Registration Authority (Application for National Identity Card)
Regulation, 2002.- In the National Database and Registration
Authority (Application for National Identity Card) Regulation, 2002,
existing Regulation 13(1) and 13(2) shall be replaced with:-
“(1) Cards of eunuchs shall be processed under any of three
gender options (i) “Male Eunuchs”, (ii) “Female Eunuchs” and (iii)
“Unisex”. This is the choice of applicant to select the gender.
Moreover, cardholder may apply for modification of gender as per
desire or appearance.
(2) An applicant whose hands/arms are fully amputated
shall apply for card through “Fully Amputated” option. Applicant
having at least one finger/thumb of any hand shall put the
impression of available fingers/thumbs of hands whereas remaining
impressions shall be skipped through “Partially Amputated” option.
An applicant whose hands are injured or bandaged due to medical
reasons and he/she needs the card urgently, shall apply for card
through “Bandaged” option. The applicants whose fingerprints
cannot be computed due to chronic skin disease, old age, worn out
or fade fingerprints shall apply through “Problematic Fingerprints”
option of card processing”.
(Asad Ullah Nasar)
Section Officer (NADRA)
Phone No.9206673
The Manager,
Printing Corporation of Pakistan Press,
Karachi.
Copy to Chairman NADRA HQrs, Islamabad.
(Asad Ullah Nasar)
Section Officer (NADRA)
Crl. Org. No. 39725-W of 2017.
4
5.
It is apprised that the Regulation 13, after substitution, ibid, has
been rationalized.
On assurance that petitioner and other persons having similar
disabilities shall not suffer due to any laps on part of respondent
NADRA, contempt notice is discharged.
Disposed of accordingly.
(Shahid Jamil Khan)
Judge
APPROVED FOR REPORTING.
Judge
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