The Lahore High Court (LHC) has sought reports from the National Database and Registration Authority (NADRA) and the emigration department regarding the blockage of the CNIC and passport of the petitioner, globally known as "Arshad Khan Chaiwala".
In a written order issued by the LHC Rawalpindi bench led by Justice Jawad Hassan, the court instructed that the notice be issued to respondents for April 17.
It further directed the law officer to seek instructions from the relevant quarters and make sure the report and para-wise comments by the answering respondents are received before the next hearing.
Senior officers from the respondents' offices are also directed to appear on the next date along with the relevant record to explain their position.
During the hearing, Umer Ijaz Gilani, counsel for the petitioner, submitted that the petitioner, who is globally known as "Arshad Khan Chaiwala", represents the quintessential Pakistani dream.
He explained that at the age of seventeen, the petitioner, while selling tea at a stall in the bazaar of Islamabad, had a photograph of him go viral on social media. As a consequence, he became a global celebrity.
However, despite the aforesaid (illegal) acts on the part of the respondents, which were based on a fake rumour aired by a news channel, his entire future career and business are now at stake.
At this juncture, the law officer objected to the maintainability of the petition, submitting that the petitioner had failed to produce relevant documentation to show that he was a Pakistani national.
Therefore, his CNIC and passport were rightly blocked by the concerned authorities.
In response, Umer Ijaz Gilani submitted that the petitioner is a Pakistani national as his family has a documented history of citizenship in this country. Therefore, the demand for pre-1978 residency proof by the concerned hierarchy of the NADRA is based on mala fides and has inflicted irreparable harm on his livelihood as well as his reputation.
He maintained that Article 9 of the Constitution protects the petitioner's fundamental right of livelihood, while Article 18 grants the right of business and trade to every citizen of Pakistan.
He pleaded that Article 14 of the Constitution provided that the dignity of man and, subject to law, the privacy of home shall be inviolable.
He added that under Article 4 of the Constitution, it was an inalienable right of every citizen to be treated in accordance with law and that no action detrimental to his/her life, liberty, reputation or property shall be taken except as per law.
He next argued that NADRA had blocked the petitioner's CNIC without any legal justification or basis, in sheer violation of Section 18 of the National Database and Registration Authority Ordinance, 2000.
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