| Case ID |
15e48671-29ef-4247-a64e-4ad177e33c66 |
| Body |
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| Case Number |
Writ Petition No.21902 of 2011 |
| Decision Date |
Aug 16, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the right to travel abroad is a fundamental right of a citizen of Pakistan. The petitioner, Ali Aslam Malik, was denied this right as his name was placed on the Exit Control List (ECL) based on allegations of being a loan defaulter. The court acknowledged the serious illness of the petitioner's son and granted him one-time permission to travel abroad for treatment, subject to the provision of a third-party surety. The court emphasized that the petitioner had undertaken to return to Pakistan after a specified period and that the respondents failed to provide adequate justification for placing the petitioner on the ECL. |
| Summary |
In the case of ALI ASLAM MALIK vs ASSISTANT DIRECTOR, the Lahore High Court examined the legality of placing the petitioner's name on the Exit Control List under the Exits From Pakistan (Control) Ordinance, 1981. The court found that the right to travel is a fundamental right guaranteed by the Constitution of Pakistan. The petitioner argued that he was not notified about the placement of his name on the ECL and that he needed to travel to the UK for his son's medical treatment. The court recognized the importance of the petitioner's request and granted him permission to travel, illustrating the balance between individual rights and governmental restrictions. This case highlights the significance of judicial oversight in matters affecting personal liberties and the need for authorities to provide proper justification for restricting such rights. The decision reiterates the principle that fundamental rights cannot be curtailed without due process and emphasizes the judiciary's role in protecting citizens' rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAMOON RASHID SHEIKH, J
|
| Lawyers |
Shazib Masud for Petitioner,
Abdul Rahim for Applicant (in C.M. No.2951 of 2012),
Asad Ullah Malik for Respondent No.2,
Pervaiz Iqbal Gondal, Standing Counsel
|
| Petitioners |
ALI ASLAM MALIK
|
| Respondents |
ASSISTANT DIRECTOR and others
|
| Citations |
2013 SLD 684,
2013 CLC 444
|
| Other Citations |
Mian Ayaz Anwar v. Federation of Pakistan through Secretary Interior and 3 others PLD 2010 Lah. 230,
Mian Tahir Jahangir v. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad and another 2008 YLR 1857,
Muhammad Khyzer Yousuf Dada v. Federation of Pakistan through Secretary, Ministry of Interior and 5 others PLD 2011 Kar. 546,
Syed Haseeb Azhar v. Mr. K.M. Siddiq Akbar and 2 others Crl. Org. No.1200-W of 2012
|
| Laws Involved |
Exits From Pakistan (Control) Ordinance, 1981,
Constitution of Pakistan, 1973
|
| Sections |
3,
199
|