SHC seeks arguments over fake domiciles

The Sindh High Court sought on Wednesday arguments from the opposing lawyers after the government lawyer completed his arguments over a plea against the provision of fake domiciles.

A two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Arshad Hussain Khan, was hearing the plea.

Sindh Additional Advocate-General Shehryar Mahar stated that domiciles and permanent residence certificates were issued per the laws, adding that an investigation committee formed to address complaints in this regard had identified some shortcomings. He claimed the committee had completed the probe into domiciles issued over the past two years.

The court remarked the committee was meant to investigate domiciles of inter-district residents, adding that it was intentionally given only seven days so it couldn't achieve its purpose.

Reading out the committee's recommendations, Mahar said scrutiny revealed deputy commissioners (DCs) were unaware of the rules and so the National Database and Registration Authority (NADRA) shouldn't change the permanent residence address without DCs' approval.

He further stated that divisional complaint committees would be formed to address issues pertaining to fake domiciles too, while claiming that the process to cancel suspicious would begin soon.

The court inquired what action had been taken against those found responsible for providing fake domiciles and PRCs in the inquiry.

The NADRA counsel said domicile provision was a provincial matter, adding that a project for providing licences was already underway in collaboration with the provincial governments. "NADRA will cooperate if the Sindh government starts a project for the computerisation of domiciles."

When the court asked about requirements for issuance of NICs, he explained the parents' original NICs were required and the permanent address mentioned on these would be added to the NIC of the new holder too. He elaborated that utility bills and original residence documents were checked before the permanent address could be changed.

The court directed other counsels to give arguments at the next hearing, to be held on December 17.

Transgender rights

At another hearing, the bench gave a 14-day extension for the implementation of rules for the protection of transgender rights.

In the plea, the petitioner maintained the Transgender Rights Protection Act, 2018, was not being implemented.

"The rules have been prepared and will soon be approved by the federal cabinet," stated the deputy attorney general, adding that protection centres had been established at the expense of millions of rupees.

When the court remarked that it did not take this much time to make the rules, the Centre's representative said the process was delayed by the Covid-19 pandemic, adding that they had sought assistance from members of the transgender community and 14 organisations in this regard.

Religion in NADRA forms

Meanwhile, the court sought reply from the Centre over a plea pertaining to the removal of the phrase "I am not a Muslim" in NADRA acknowledgement letters for non-Muslims.

The petitioner's counsel said there were clear guidelines regarding religion in Article 262 of the Constitution, adding that such a statement was not required.

"Why would someone make this statement when they have already stated they are Hindu?" he questioned, adding that it was enough to just mention their religion.

The NADRA counsel maintained that an explanation of religion was required in NADRA forms as per the Islamabad High Court's (IHC) directives.

The court responded they could simply ask the individual to mention their religion, adding that the IHC verdict did not necessitate such statements.

The court directed NADRA and the federal government to submit their replies at the next hearing on December 17.

Published in The Express Tribune, December 3^rd, 2020.