Case 2: Ayesha Begum & Family
1. Ayesha Begum (pseudonym) is a 77 year old woman who resides in Machar colony,
Karachi and has three sons and four daughters. Approximately 10 years ago one of her
sons, who worked in the fisheries at the time, was forcefully entered into the National
Alien Registration Authority (“NARA”) Database after unlawfully being detained by the
police. Consequently, the entire family’s government issued identity documents were
blocked and cancelled
Illegal and baseless cancellation of entire family’s citizenship documentation
2. It is also important to note that Ayesha Begum and her family’s Computerised National
Identity Cards (“CNICs”) were blocked by NADRA without giving them any notice, or the
chance of a hearing. It is only when her children went to renew their CNICs in 2015 that
they were informed they could not do so. Under section 18 of the NADRA Ordinance
2000, a CNIC can only be impounded by an order, made in writing. It further states that
no order can be made unless the individual is issued a notice, in writing and is given the
opportunity of an impartial hearing. Here, no notice or hearing was held when the CNICs
of the entire family were digitally impounded. Moreover, there are specific grounds,
stated in Section 18(2), on the basis of which a CNIC may be impounded. None of these
grounds apply to Ayesha Begum or her family members, which means that all the CNICs
have been illegally and arbitrarily impounded. In fact, even if it is assumed that her son
was lawfully issued a NARA card, it is only his own CNIC which ought to be impounded.
To impound the CNICs of all his family members – who hold valid identity documents –
is once again excessive and ultra vires the scope of NADRA’s authority.
Unfair dismissal of the case by the Deputy Commissioner (DC) without right to hearing
3. Ayesha Begum also approached the Sindh High Court (“SHC”) to seek a remedy. The
relief provided by the judgement dated 20th December 2018, was to the extent of a
direction by the SHC to the Deputy Commissioner (“DC”) to resolve the matter within 20
days. This direction was not implemented because on approaching the DC’s office, it was
made clear to Ayesha Begum, by the officials present, that there is no remedy in this
case and therefore her case was dismissed. Subsequently, in 2020 Ayesha Begum
approached the Sindh Human Rights Council and was assisted in securing another
meeting with the DC’s office in 2021. At this meeting, Ayesha Begum and her family’s
documents were properly examined and she was cleared via the DC’s Order.
NADRA’s failure and undue delay in implementing the DC’s Order
4. On approaching NADRA with the clearance from the DC’s office, Ayesha Begum was
informed that there were 2 typographical errors in the DC’s order. Though NADRA
acknowledged that the errors were merely typographical errors, they insisted that she
have them corrected by the DC’s office. These errors were a mistake on part of the DC’s
office and yet, Ayesha Begum was forced to visit the DC’s office multiple times in order
to have the errors corrected. This process - from the time that she submitted the DC’s
order at NADRA till the time that the correction letters were received by NADRA - took
over 2 months.
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