The High Court on Wednesday discharged a rule that sought directions to introduce an alternative system for issuing National Identity (NID) cards using biometric features without a photograph.
Consequently, there is no longer any instruction or directive to provide NID cards without photographs.
The High Court bench comprising Justice Md Iqbal Kabir and Justice SM Saiful Islam delivered the verdict.
Advocate Omar Sharif and Advocate Elyas Ali Mondal represented the petitioner, whilst Advocate Kamal Hossain Meahzi appeared on behalf of the Election Commission.
Advocate Meahzi confirmed the matter, adding that NID cards will not be issued without a photograph.
The legal proceedings were initiated in 2022 when Sumaiya Ahmad Muna, a resident of Shantibag in Shahjahanpur, Dhaka, filed a writ petition in the High Court stating that she observes purdah in accordance with Islamic Shariah.
Her husband, Muhammad Arifur Rahman, was given authority in the petition.
Prior to filing the writ, she had submitted an application to the Election Commission on 10 February 2022, describing herself as an adult, purdah-observing Muslim woman who regularly follows Islamic Shariah provisions and refrains from taking any form of photograph.
Stating that Muna lacked an NID card because she does not take photographs, leaving her deprived of various state facilities, she requested necessary measures to issue an NID card through an alternative system without a photograph.
As her application remained pending, she subsequently filed the writ petition in the High Court.
Following a hearing on the writ petition, the High Court issued a rule on 6 March 2022 asking why instructions should not be given to take necessary steps for preparing NID cards using alternative identification or biometric features without a photograph.
When the rule was issued, the State argued that such an application was contrary to the Constitution.
The State submitted that taking photographs is mandatory even for undertaking Hajj as well as for opening bank accounts.
Questioning how identity could be verified without photographs, the State asked how liability would be assigned if money were withdrawn from an account by someone else in the absence of a photo.
The State raised questions regarding how purdah would be maintained if scanning the iris of the eye were required to confirm biometric identity.
