Law: Penal Code (XLV of 1860)

Section: 420, 468, 471& 477-A

Law: Foreign Exchange Regulation Act, 1947

Section: 5,23

(a) Passports Rules, 2021--- ----Rr. 21 & 22---Penal Code (XLV of 1860), Ss. 420, 468, 471& 477-A---Foreign Exchange Regulation Act (VII of 1947), Ss. 5 & 23---Passport Control List (PCL)--- Pre-conditions--- Petitioner was alleged to have committed offences of cheating, forgery, using forged document, falsification of accounts and violation of foreign exchange restrictions---Authorities placed name of petitioner on Passport Control List---Validity---Authorities failed to provide exceptional circumstances for placing name of petitioner on PCL who was a female, remained an Associate Professor and had also served as a chairperson of department of Defense Strategic Studies of Quaid-i-Azam University (QAU), Islamabad, for a long period--- Petitioner remained Federal Minister for human rights, obtained bail in all cases registered against her, and had never been declared proclaimed offender---Nothing was placed on record that could indicate that Federal Government had given approval regarding placing name of petitioner on Passport Control List (PCL) as provided in R.22 (1) of Passports Rules, 2021---Placing petitioner's name on PCL was violative of her fundamental rights to due process, liberty, life, and freedom of movement which were guaranteed by the Constitution---High Court directed the authorities to remove name of petitioner from PCL as it was unjustified, illegal, without lawful authority and of no legal effect---Constitutional petition was allowed accordingly. Muhammad Amin Muhammad Bashir Limited v. Government of Pakistan through Secretary Ministry of Finance, Central Secretariat, Islamabad and others 2015 SCMR 630; Government of Pakistan and another v. Dada Amir Haider Khan PLD 1987 SC 504; Pakistan Muslim League (N) through Khawaja Muhammad Asif, M.N.A. and others v. Federation of Pakistan through Secretary, Ministry of Interior and others PLD 2007 SC 642;Federation of Pakistan through Secretary, Ministry of Interior v. General (R) Pervez Musharraf and others, PLD 2016 SC 570; The Federal Government through Secretary Interior, Government of Pakistan v. Ms. Ayyan Ali and others, 2017 SCMR 1179; Sheikh Shan Ilahi v. Federation of Pakistan…

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