| Citation(s) |
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| 2026 SLG 820 2026 SLD 820 = 2026 LHC 1682 = 2026 PLD 528 |
Intra Court Appeal No.76 of 2025
Presented By: (TARIQ MAHMOOD BAJWA) JUDGE (JAWAD HASSAN) JUDGE
Dates of hearing 26.02.2026, 05.03.2026 & 12.03.2026 Appellant(s) by Barrister Haseeb Shakoor Paracha, Additional Attorney General with Malik Zaheer Arshad and Barrister Zain Mansoor, Assistant Attorney Generals. Mr. Muhammad Irshad, Assistant Advocate General.
Respondent(s) by Sheikh Rasheed Ahmed with Sardar Abdul Raziq Khan, ASC, Sh. Ahsan-ud- Din, ASC and Sardar Shahbaz Khan, Abdul Samad Abbasi, Advocates.
Federation of Pakistan V/S Sheikh Rasheed Ahmed
Law: Anti-Terrorism Act, 1997
Section: 28-A, 2(e), 13
Law: Constitution of Pakistan, 1973
Section: 15, 4, 9, 10-A, 199, 2-A, 20
Law: Law Reforms Ordinance, 1972
Section: 3,96
Law: Code Of Civil Procedure, 1908.
Section: 199(1)(1A)
Summary
This judgment interprets Section 28-A of the Anti-Terrorism Act, 1997, holding that once an accused is charge-sheeted, their passport is deemed impounded by operation of law. The power to allow foreign travel exclusively vests in the Anti-Terrorism Court (ATC).
The High Court cannot grant permission to travel abroad in such cases, even on consent of the State, as this would bypass the statutory scheme. Any concession by a law officer contrary to law does not bind the State (no estoppel against law).
The Court further held: