| Case ID |
14669a66-0ca8-4af2-9015-e33dcf4b3259 |
| Body |
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| Case Number |
Shariat Appeal No.8 of 1989 |
| Decision Date |
Mar 03, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court held that the provisions of the Passports Act, specifically the proviso to subsection (2) of section 8, were repugnant to the Injunctions of Islam as they did not provide for the issuance of a notice prior to the impounding of a passport. While the court acknowledged that in emergencies, action could be taken without a prior notice, it mandated that the affected individuals should be afforded an opportunity to show cause within a maximum of 14 days following the impounding of their passports. The court directed that necessary amendments to the law should be made by September 30, 1991, failing which the existing proviso would cease to have effect. |
| Summary |
In the landmark case of Shariat Appeal No.8 of 1989, the Supreme Court of Pakistan addressed the constitutional validity of the provisions of the Passports Act, 1974. The court examined the implications of section 8(2), which allowed for the impounding of passports without prior notice, thus infringing upon fundamental rights as outlined by Islamic principles. The court emphasized the necessity of providing individuals with the right to a fair hearing before their rights to travel could be curtailed. The judgment highlighted that while immediate action may sometimes be warranted, it must be followed by an opportunity for the affected parties to contest the actions taken against them. This case is pivotal in reinforcing the balance between state authority and individual rights, particularly in the context of emergency measures. The ruling mandates legislative amendments to ensure compliance with Islamic injunctions, thus setting a precedent for future cases involving personal freedoms and state intervention. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
Federal Government of Pakistan
|
| Judges |
JUSTICE NASIM HASAN SHAH,
JUSTICE SHAFIUR RAHMAN,
MAULANA MUHAMMAD TAQI USMANI
|
| Lawyers |
Hafiz SA. Rehman,
Mr. Manzoor Elahi,
Muhammad Nawaz Abbasi,
Rao M.Yousuf Khan,
MA. Qayyum Mazhar
|
| Petitioners |
FEDERAL GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior, Islamabad
|
| Respondents |
GOVERNMENT OF PUNJAB through Chief Secretary, Lahore and another
|
| Citations |
1991 SLD 513,
1991 PLD 505
|
| Other Citations |
Pakistan and others v. Public-at-Large and others P L D 1987 SC 304,
Province of Sindh v. Public-at-Large P L D 1988 SC 138
|
| Laws Involved |
Passports Act,
Constitution of Pakistan
|
| Sections |
8(2),
203-D,
203-F
|