HABIBULLAH Versus INCHARGE NADRA, LARKANA

ORDER

KHADIM HUSSAIN TUNIO, J.--- The instant petition has been filed with the following prayer: a) That, this Honourable court may be pleased to direct the respondent No. 1 to make necessary corrections in NADRA record form-B in respect of the date of birth of petitioner's two sons Hazar Khan and Mir Siraj Khan and One daughter baby Bilquees as per their date of birth shown in school certificates;

2. It has been contended by the learned counsel for the petitioner that the petitioner had applied to the respondent No.1 for issuance of computerized CNICs for himself self and his family members and since he is an uneducated person, he could not provide accurate particulars in respect of dates of birth of his children, namely, Hazar Khan, Siraj Khan and Bilquees which were recorded as 02.02.1999, 05.01.2000 and 11.03.2001, respectively; however, the actual dates of birth of Hazar Khan, Siraj Khan and Bilquees have been were recorded in their school records as 14.08.2000, 09.11.2005 and 14.02.2007. It has further been contended by the counsel that the fact that the dates of birth of said children of the petitioner have not been recorded in NADRA first time came into his knowledge when his son Hazar Khan applied for issuance of Domicile and P.R.C. It has been also contended that when the petitioner approached the respondent No.1 for correction of his children's dates of birth, he refused to entertain such request, hence this petition has been maintained by the petitioner to redress his grievances as no other alternate, efficacious remedy is available to him.

3. Learned counsel for respondents have maintained that the comments filed by the respondent No.1 are self-explanatory which shows that the petitioner has filed this petition with mala fide intentions and he has not come to this Court with clean hands, hence his petition is liable to be dismissed.

4. Heard, record perused.

5. From perusal of record, it reveals that on 15.11.2003 the petitioner applied for his CNIC and submitted an attested CNIC form bearing No. VM00000462 with his photograph, signature and thumb impression by mentioning therein the particulars of his children wherein the dates of birth of Hazar Khan, Siraj Khan and Bilquees were shown as 13.04.2000, 10.05.2001 and 17.04.2003, respectively. On the said information, CNIC was issued to petitioner and pre-assigned CNIC numbers were allotted to his said children. It further reveals that; thereafter, the petitioner on 2.03.2005 applied for modification in the dates of birth of his said children as Hazar Khan from 13.04.2000 to 02.02.1999, Siraj Khan from 10.05.2001 to 05.01.2000 and Bilquees from 17.04.2003 to 11.03.2001. The revised CRC was issued on 19.12.2005 which was accepted by the petitioner. The fact that the petitioner had applied for the modification in dates of birth of his children has not been disclosed by the petitioner in his petition. The assertions of the petitioner that his children Hazar Khan, Siraj Khan and Bilquees were born on 14.08.2000, 09.11.2005 and 14.02.2007, respectively, are beyond comprehension. It means that on 15.11.2003 when the petitioner applied for his CNIC vide CNIC form bearing No. VM00000462, at least his two children; namely, Siraj Khan and Bilquees (who were earlier shown as born on 10.05.2001 and 17.04.2003, respectively) did not exist in the world.

6. It is; therefore, apparent that the petitioner has in fact filed this petition with mala fide intentions by fabricating the facts, hence, the same is dismissed with cost of Rs.50,000/- to be deposited by the petitioner in the account of High Court Bar Association Library, Larkana within 60 days hereof.

7. Above are the reasons of our short order dated 06.12.2017.

MQ/H-8/Sindh Petition dismissed.