| Case ID |
f67ac63e-3626-4e79-9f51-57bf101ceb52 |
| Body |
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| Case Number |
Constitutional Petitions Nos. 48 and 49 of 2007 |
| Decision Date |
Aug 23, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the right to enter the country cannot be denied to citizens, affirming that every citizen has the fundamental right to return to Pakistan without hindrance. The Court emphasized that any undertaking given by a citizen not to return lacks constitutional legitimacy and cannot be enforced. It held that restrictions on freedom of movement must be reasonable and in accordance with law, asserting the importance of safeguarding individual liberties against executive overreach. The Court concluded that the petitioners, as prominent political figures, have the right to return and participate in the upcoming elections, thus reinforcing the principles of democracy and political justice. |
| Summary |
This case examines the fundamental rights of citizens in Pakistan, particularly focusing on Article 15 of the Constitution, which guarantees freedom of movement. The Supreme Court addressed the rights of political leaders who were allegedly forced into exile. The ruling underscores the importance of protecting citizens' rights to enter their home country and participate in political processes. It highlights the balance between individual rights and state interests, emphasizing that any restrictions on movement must be grounded in law and public interest. This ruling is significant for its implications on political justice and the enforcement of fundamental rights in Pakistan, setting a precedent for future cases involving civil liberties and executive power. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
JAVED IQBAL,
SARDAR MUHAMMAD RAZA KHAN,
FAQIR MUHAMMAD KHOKHAR,
M. JAVED BUTTAR,
NASIR-UL-MULK,
RANA FAYYAZ AHMED
|
| Lawyers |
Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreme Court,
Malik Muhammad Rafique Rajwana, Advocate Supreme Court,
Zain Sheikh, Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record,
Sahibzada Ahmed Raza Qasuri, Senior Advocate Supreme Court,
Arshad Ali Chaudhry, Advocate-on-Record No. 1,
Raja Muhammad Ibrahim Satti, Advocate Supreme Court
|
| Petitioners |
PAKISTAN MUSLIM LEAGUE (N) through Khawaja Muhammad Asif, M.N.A. and others
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary Ministry of Interior and others
|
| Citations |
2007 SLD 1642,
2007 PLD 642
|
| Other Citations |
Mian Shahbaz Sharif v. Federation of Pakistan PLD 2004 SC 583,
Muhammad Nawaz Sharif v. President of Pakistan PLD 1993 SC 473,
Syed Wasey Zafar v. Government of Pakistan PLD 1994 SC 621,
Shahida Zahir Abbasi v. President of Pakistan PLD 1996 SC 632,
Zulfiqar Mehdi v. Pakistan International Airlines Corporation 1998 SCMR 793,
Benazir Bhutto v. Federation of Pakistan PLD 1988 SC 416
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
15,
184(3)
|