| Case ID |
2afb23e7-0c5f-4d83-b8e3-b0db253bcb5e |
| Body |
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| Case Number |
W.P. No. 32071 of 2024 |
| Decision Date |
Jun 13, 2024 |
| Hearing Date |
Jun 13, 2024 |
| Decision |
The Lahore High Court ruled that the inclusion of the petitioner's name in the Provisional National Identification List was unconstitutional, as it infringed upon the fundamental right to travel abroad. The court emphasized that administrative measures should not curtail this right without a valid legal basis. The judgment referenced several precedents where similar issues were adjudicated, affirming that mere registration of a criminal case does not justify barring a citizen from exercising their rights. Consequently, the court allowed the petition and directed the respondents to remove the petitioner's name from the Exit Control List, reinforcing the principle that individuals should not be deprived of their fundamental rights without due process. |
| Summary |
In the case of W.P. No. 32071 of 2024, the Lahore High Court addressed the fundamental right of citizens to travel abroad, particularly in the context of the Provisional National Identification List. The petitioner, Muhammad Ali Sarfraz, challenged the inclusion of his name, arguing that it violated his constitutional rights. The court's decision underscored the importance of protecting individual freedoms against arbitrary administrative actions. In light of previous judgments, the court found no legal justification for restricting the petitioner's travel rights based solely on the registration of a criminal case. This ruling highlights the judiciary's role in safeguarding constitutional protections and ensuring that administrative powers are exercised fairly and transparently. By allowing the petition, the court reaffirmed the principle that travel is a fundamental right that cannot be infringed upon without adequate legal reasoning and due process. This case serves as a significant precedent in the ongoing discourse surrounding civil liberties in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Shams Mehmood Mirza
|
| Lawyers |
Mr. Muhammad Wasif Shahzad,
Mr. Sheraz Zaka
|
| Petitioners |
MUHAMMAD ALI SARFRAZ
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary Ministry of Interior Islamabad and 3 others
|
| Citations |
2024 SLD 4048,
2024 PLJ 133
|
| Other Citations |
PLD 1997 Lahore 617,
2011 CLD 511,
2008 YLR 1508,
2012 CLD 1133,
PLD 2014 Sindh 28,
PLD 2005 Karachi 252
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
Art. 199
|