Identity
Identity legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Petitioner was a transgender (eunuch) and authorities declined to renew his computerized National Identity Card on the ground that his parentage was not known and he referred to the name of his guru
Validity
Gender identity was one of the most fundamental aspects of life which referred to person's intrinsic sense of being male, female or transgender
Every one was entitled to enjoy all human rights without discrimination on the basis of gender identity and recognition every where as a person before law
High Court observed that mindset of the society needed change and to realize that a person of diverse gender identity should also enjoy legal capacity in all aspects of life
Transgenders/eunuchs were as respectable and dignified citizens of Pakistan as any other person and they were also entitled for all Fundamental Rights including right of education, property and right of life which included quality of life and livelihood
Transgenders could not be deprived of their rights including right to obtain Computerised National Identity Card or citizenship for mere reason that they were transgenders/eunuchs and did not know whereabouts of their parents without any fault of their own
Public functionaries and policy makers were desired to be more sensitive towards restoring dignity of transgender community rather adding to their existing plight
High Court directed that copy of present judgment along with copy of policy be forwarded to all concerned including the Federal as well as Provincial Secretary Law, to circular the judgment widely within Pakistan so as to ensure that maximum members of transgenders community be benefited; Chairman PEMRA shall also ensure that clause 2 of the policy for launching awareness compaign be implemented through all modes of communication
Constitutional petition was allowed in circumstances.
Identity Identity-Evidence based on personal impression-Should be approached with considerable caution by the Court.
Foot constable who delivered hatchet to Chemical Examiner not produced-Identity of hatchet may be proved by other evidence-Evidence Act (I of 1872), S. 9-Crirninal Procedure Code (Y of 1898), S. 510.
"Identity", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/21840
Precedents & Case Laws citing "Identity"
THE
AITZAZ AHSAN and others‑‑Petitioners Versus CHIEF ELECTION COMMISSIONER and others‑‑Respondents
Court: ‑‑‑Art.51‑‑Representation of the People Act (LXXXV of 1976), Ss.33 as amended & 35‑‑Electoral Rolls Act (XXI of 1974), Ss.6(1) & 16‑‑National Registration Act (LVI of 1973), Ss 4, 5, 8 & 11‑‑Electors can cast their votes by identifying themselves either through production of identity cards or otherwise proving their identity to the satisfaction of the Presiding Officers‑‑Production of identity card alone cannot be insisted upon.P L D 2016 Lahore 539
AHMAD NAWAZ KHAN BAKHTIARI — Petitioner Versus APPELLATE AUTHORITY and others — Respondents
Court: High CourtP L D 2022 Lahore 39
ZARMEEN ABID — Petitioner Versus NATIONAL DATABASE AND REGISTRATION AUTHORITY, ISLAMABAD through Chairman and 5 others — Respondents
Court: High CourtP L D 1989 Supreme Court 61
FEDERATION OF PAKISTAN‑‑Petitioner Versus AITZAZ AHSAN and another‑‑Respondents
Court: ‑‑‑ Arts. 51(2), 5(2), 2180) & 185 ( 3) ‑ ‑Representation of the People Act (LXXXV of 1976), S.33 as amended by Representation of the People (Second Amendment) Ordinance (XXVI of 1988) and Representation of the People (Third Amendment) Ordinance (XXVII of 1988) ‑‑National Registration Act (LVI of 1973), ss. 8 & 11‑ ‑Supreme court Rules, 1980, O.XXXIII, R.6‑‑Leave to appeal‑‑Prayer for suspension of impugned order during pendency of appeal‑‑High Court order declaring provisions of Ordinance requiring the production of an Identity Card before the issuance of a ballot paper to a voter at the election as violative of Art.51(2) of the Constitution, suspended till the hearing and decision of the appeal on the ground that until a law is finally held to be ultra vires for any reason, it should have its normal operation and for the reason that balance of convenience was also in favour of petitioner (Government of Pakistan) in so far as the voters who were able to establish their identity through the identity cards should alone be allowed to cast their votes which would prevent large scale bogus voting which may, but for such requirement, take place and it will also lend greater credibility to the election process in the country by ensuring the compliance of Constitutional requirement of Art.218(3) that the election was conducted honestly, justly, fairly and in accordance with law and that corrupt practices were guarded against‑‑Supreme Court observed that the preparation and the issuance of the identity cards to applicants who had already applied within due dates should continue unhampered as was the undertaking given by the Attorney‑ General in the High Court and repeated before Supreme Court.1995 M L D 1680
MUHAMMAD ARIF‑‑‑Appellant Versus THE STATE‑‑‑Respondent
Court: Federal Shariat CourtP L D 2022 Lahore 756
Hafiz AWAIS ZAFAR — Petitioner Versus JUDGE FAMILY COURT, LAHORE and 2 others — Respondents
Court: High Court1984 C L C 558
ASIF AKHTAR MALHI AND ANOTHER‑Petitioners Versus PAKISTAN BAR COUNCIL AND 2 OTHERS‑Respondents
Court: Lahore1985 M L D 1186
MUHAMMAD ISMAIL — Appellant Versus Mst. MUKHTAR BEGUM — Respondent
Court: Karachi1995 C L C 1383
ZULFIQAR ALI ‑‑‑Appellant Versus Haji KAMAL HUSSAIN and 27 others‑‑‑Respondents
Court: PeshawarP L D 2005 Supreme Court 962
ABDUL KHALIQ and another — Petitioners Versus Maulvi MUHAMMAD NOOR and others — Respondents
Court: High Court