ISLAMABAD: A three-judge bank of the Absolute Court, headed by Arch Amends of Pakistan (CJP) Mian Saqib Nisar, has directed amicus Makhdoom Ali Khan apostle to adapt agreement and references for government assay in the case of Tatheer Fatima, a 22-year-old babe who seeks abatement of her father’s name from her documents.
The bank empiric that recommendations in this attention needs to be accounting bottomward afterwards which the amount would be referred to the federal government.
The top cloister had appointed Makhdoom Ali Khan apostle as amicus over Tatheer Fatima’s appeal for the top cloister to acquiesce her to acknowledgment the words ‘Bint-e-Pakistan’ i.e. the babe of Pakistan in abode of her father’s name in all her documents.
The amicus submitted that there is no charge for the name of ancestor to be displayed on a person’s identification abstracts as continued as such advice is accessible in official annal and databases of the authorities.
He said that assorted amendments to approved accouterment and rules would be appropriate to annihilate the claim of including father’s name in the official abstracts of children.
“On the added hand, if the claim to affectation the father’s name on identification abstracts is removed, alone the forms of identification assigned beneath the rules will accept to be modified. This, in my opinion, would not be a bulky exercise for the accordant authorities,” Makhdoom declared in his accounting submission.
He added declared that in the present age, identification abstracts and databases are computerised while CNICs issued by NADRA accommodate microchips.
“Passports issued by the DG Passports are machine-readable. Persons are articular through deride impressions, facial acceptance technology and retina scans at all above airports in Pakistan and abroad. In my opinion, therefore, there is no charge for the name of ancestor to be displayed on a person’s identification abstracts as continued as such advice is accessible in official annal and databases of the authorities,” he wrote.
He arguable that there were abounding examples area identification abstracts do not affectation the advice calm by the authorities. He added that a anatomy advertence all the capacity had to be abounding in and submitted for a acceptance appliance by an appellant but it does not affectation on visa.
“This is so because as anon as the acceptance is scanned at the clearing desk, all advice supplied by the being becomes accessible to the clearing officer,” he said.
“In US, UK, Bangladesh, Sri Lanka, Malaysia, Canada, Kenya, United Arab Emirate (“UAE”) and abounding added countries, the name of the ancestor is not displayed on passports of citizens. In UAE, the name of the ancestor is additionally not displayed on the active license,” he added.
The apostle added submitted that in Tatheer Fatima’s case, the abode of her ancestor are accepted but it is Tatheer who does not appetite her father’s name to either arise in her official annal or displayed on her identification documents. He added arguable that from an assay of the approved accoutrement and rules, it appears that the admittance of a person’s father’s name in the official annal is mandatory.
“It additionally appears that the anatomy of identification abstracts assigned beneath the rules accommodate announcement the father’s name (or husband’s name in case of affiliated women) on such documents,” he stated.
Arguing on the absorption of the accompaniment and axiological rights of citizens, Makhdoom submitted that gluttonous and accession advice for annal is in the absorption of the state.
On the added hand, he contended, it is the assignment of the accompaniment that no abuse takes abode of affirmed axiological rights such as those of address and privacy, the appropriate to activity and the appropriate to equality.
“This Hon’ble Court, therefore, charge acquisition the antithesis amid the accessible absorption in the Accompaniment gluttonous and accession assertive claimed advice and the appropriate of the alone to assert that he/she has a appropriate to assert that assertive claimed advice be not displayed, disseminated, publicised or circulated,” he contended.
The arch amends empiric that the top cloister cannot adjustment abatement of the name of Tatheer Fatima’s ancestor from her abstracts until and unless amendments are fabricated to the accordant law.
The CJP added empiric that the cloister cannot discount Shariah in chief the affairs as “it is the absolute law of the country”.
The CJP fabricated these observations back Tatheer Fatima’s mother asked the bank to accede her daughter’s case from a borough point of view.
Tatheer Fatima claims that she was alone by her ancestor who played no role in her activity back her birth. She says she was aloft by her mother as a distinct ancestor and may be acceptable to be registered as a aborigine of Pakistan after her father’s name actualization in any official almanac or identification documents. She has prayed for a Absolute Cloister administration for NADRA and the Director General Clearing and Passports to affair the abstracts after her father’s name actualization on any such document.
The top cloister adjourned the audition for a week.
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