Case Details

Citation(s)
2023 SLG 2066 2023 SLD 2066 = 2023 PLD 359
Lahore High Court
Write Petitions Nos. 30013 and 5743 of 2021, decided on 31st January, 2022.
Before Tariq Saleem Sheikh, J
Mehmood A. Sheikh for Petitioner (in Writ Petition No. 30013 of 2021). Asad Ali Bajwa, Deputy Attorney General, and Syed Muhammad Haider Kazmi, Assistant Attorney General for
Respondents Nos.1-3, 5 and 6 (in Writ Petition No. 30013 of 2021). Mukhtar Ahmad Ranjha, Assistant Advocate General for
Respondent No.4 (in Writ Petition No. 30013 of 2021). S. Shahryar Khan, Advocate for
Respondent No.7 (in Writ Petition No. 30013 of 2021). Syed Moazzam Ali Shah for Petitioner (in Writ Petition No.5734 of 2021). Asad Ali Bajwa, Deputy Attorney General, and Syed Muhammad Haider Kazmi, Assistant Attorney General for
Respondents Nos.1-4 (in Writ Petition No. 5734 of 2021). Date of hearing: 31st January, 2022.

Sheikh SHAN ILAHI---Petitioner

VERSUS

FEDERATION OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad and 6 others---Respondents

Law: Constitution of Pakistan, 1973

Section: 4 , 9 , 15 , 13 , 12 , 199

Law: Passports Act, 1974

Section: 8 , 3

(a) Constitution of Pakistan---

----Part II, Chapter 1---Fundamental rights---Categories---Absolute and others--Distinction---Clear distinction has been made by the Constitution between fundamental rights that are absolute and others which are not---Non-absolute are those fundamental rights which are "subject to law" or "subject to reasonable restrictions imposed by law"---No fundamental right can be surrendered or waived and limitations, if any, can be imposed only in public interest and in accordance with law.

Pakistan Muslim League (N) and others v. Federation of Pakistan and others PLD 2007 SC 642 rel.

(b) Constitution of Pakistan---

----Arts. 4, 9 &15---Universal Declaration of Human Rights, 1948, Art. 13--International Covenant on Civil and Political Rights, 1966, Art. 12---Right to travel abroad---Scope---Right to travel abroad is not expressly guaranteed by Art. 15 of the Constitution or any other provision in Chapter 1 of Part II of the Constitution--Courts invoke Art. 4 (right to be treated in accordance with law) and Art. 9(right to life and liberty)of the Constitution to support it.

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