Law: Prevention of Trafficking In Persons Act, 2018

Section: 3(3)(b),2(l)(ix),15,3,4,8

Law: Emigration Ordinance, 1979

Section: 22

Law: Pakistan Penal Code, 1860

Section: 109

Law: Constitution of Pakistan, 1973

Section: 199

Law: Code of Criminal Procedure (CrPC), 1898

Section: 54,173,561-A,154,156

ORDER

On 20.7.2024, Sub-Inspector Muhammad Abu Bakar, Shift Incharge at FIA Immigration, Multan International Airport, submitted a report to FIA AHTC Multan regarding eight passengers travelling to Saudi Arabia via Muscat on SalamAir Flight OV-538, who aroused suspicion during immigration screening. Upon further inquiry, it was found that they lacked sufficient financial resources (some carrying only 500 Riyals), had not confirmed return tickets or mandatory hotel bookings, and were unfamiliar with the requirements of performing Umrah. During baggage searches, authorities seized 900 boxes of “Captain” brand cigarettes and 70 boxes of Velo nicotine pouches.
2.    The passengers were offloaded, and further interrogation revealed  that  they  were  all  relatives.  Passenger  Sadiq  Hussain

(Petitioner No.1) had instigated them to travel to Saudi Arabia for begging. Sadiq Hussain and his associates, Ghulam Nazik (Petitioner No.2), Muhammad Ijaz, and Yasin, charged Rs.160,000/- to Rs.170,000/- for each visa without hotel bookings and received Rs.70,000/- to Rs.100,000/- as an advance payment from them. The remaining balance was to be paid after the passengers engaged in begging in Saudi Arabia. Additionally, it was agreed that Sadiq Hussain and his associates would receive a commission from the earnings generated through begging.
3.    Based on the above report, FIR No. 215/2024 dated 20.7.2024 was registered under sections 3 and 4 of the Prevention of Trafficking in Persons Act, 2018 (PTPA), section 22 of the Emigration Ordinance, 1979, and section 109 of the Pakistan Penal Code (PPC).
4.    The Petitioners have filed this petition under Article 199 of the  Constitution  of  the  Islamic  Republic  of  Pakistan,  1973 (the “Constitution”), seeking the quashing of FIR No. 215/2024. They contend that the Respondents’ actions violate fundamental rights guaranteed by the Constitution, specifically Articles 15 and 20, which safeguard the right to travel and the freedom to practice religion, including the right to perform Umrah. The Petitioners further argue that neither sections 3 and 4 of the PTPA nor section 22 of the Emigration Ordinance are applicable in this case. Consequently, FIR No. 215/2024 is patently illegal.
5.    This Court issued notice to the Respondents who have filed their para-wise comments.
6.    The Deputy Attorney General submitted that Pakistan ratified the United Nations Convention against Transnational Organized Crime (UNTOC) in 2011 and, to fulfill its international obligations, enacted the PTPA and the Prevention of Smuggling of Migrants Act, 2018 (PSMA). Subsequently, the Federal Government, exercising powers under section 15 of the PTPA, framed the Prevention of Trafficking in Persons Rules, 2020, which were notified on 22.10.2020 (PTP Rules). Rule 2(l)(ix) of the PTP Rules defines “debt bondage” in a manner broad enough to encompass activities such as begging and forced begging.

7.    The Deputy Attorney General apprised that during recent months, complaints have surged from various countries, particularly Saudi Arabia, Iraq, the UAE, and Malaysia, that Pakistani citizens go there and engage in begging. In September 2023, the Ministry of Overseas Pakistanis and Human Resource Development (MOP & HRD) informed the Senate Standing Committee that nearly 90% of deportations linked to begging charges involved Pakistanis.1 The Director General of FIA took cognizance of the situation and directed FIA Immigration to act against criminal networks facilitating forced beggary and bonded labour. Reinforcing these efforts, the Ministry of Interior issued a directive [F.No.11/1/2024-Pass (P&C) dated 2.7.2024] titled “Strict Action Against Begging Syndicates in the Kingdom of Saudi Arabia, Iraq, and Malaysia.” This directive mandated strict measures against deportees found engaged in begging and against travel agents and syndicates supporting or coordinating such activities.
8.    The Deputy Attorney General emphasized that, as a signatory to the UNTOC and to maintain friendly relations with countries that have specifically raised complaints against Pakistani citizens, the Federal Government must take measures to curb the outflow of beggars. To this end, all passengers travelling abroad are interviewed at immigration counters at airports. Particular attention is given to those travelling to Saudi Arabia, who must undergo comprehensive screening and profiling to verify their eligibility and authenticity as Umrah pilgrims or visitors. As part of this process, Umrah pilgrims are required to demonstrate possession of sufficient Saudi Riyals to cover their expenses. Failure to meet this requirement leads to further interrogation to ascertain their intent and prevent abuse of the system.
9.    The Deputy Attorney General defended the registration of FIR No.215/2024, arguing that sections 3 & 4 of the PTPA and section 22 of the Emigration Ordinance, read with section 109 PPC, apply to the facts and circumstances of the instant case and have been rightly invoked