Case Details

Citation(s)
1981 SLG 1459 1981 SLD 1459 1981 PLD 181
Lahore High Court
Writ Petition No. 3218 of 1980, decided on 28th June, 1980.DATE of hearing : 9th Jun, 1980
GUL MUHAMMAD KHAN, J

M. YOUNIS MALIKvsTHE STATE BANK OF PAKISTAN THROUGH ITS DEPUTY DIRECTOR, FOREIGN EXCHANGE), LAHORE AND 3 others--Respondents

Law:

Section:

(a) Passports Act (XX of 1974)- - S (a)-Passport, purpose of the contents of any passport show that its principal purpose is to establish the identity and nationality of those who seek admission to enter a State. The second purpose is emphasised by those provisions in the passport about returnability which is of crucial importance as indicating the destination to which the alien may be removed on his exclusion or subsequent deportation. Joyce v. D. P. P. (1946) A C 347 rel. (b) Passports Act (XX of 1974)- S. 2 (a)---Universal declaration of Human Rights, Art. 13 (2)International Covenants on Civil and Political Rights, Art. 12 (2)Passport, necessity and effect of. A passport is meant to establish identity and nationality and is necessary for travel abroad and returnability to one's own country. The primary function of passport today is to have control over exit and the right of exit was a personal right included within the word 'liberty'. The diplomatic protection is its subordinate function ; An individual has' a right to travel abroad and that refusal by a Government to issue him a passport is a denial of that right as well as violation of the right of equality before law ; The right is not absolute and can be fettered by the executive authority's discretion which must be exercised with due regard to individual's constitutional rights and other guarantees subject to reasonable regulation and control in the interest of public ; The Police cannot impound a passport unless it has the right to arrest even though it means that the petitioner will flee from the reach of justice. The movements of a person can be hindered or prevented only on tile surest ground. Habib Jalib v. State Hank of Pakistan P L D 1980 Lah. 561 ; Syed Abul A'la Maudoodi v. State Bank of Pakistan P L D 1969 Lab. 908; Manzoor Khan v. Government of Pakistan P L D 1966 Pesh. 29 ; Syed Sharifuddin Pirzada v. Federation of Pakistan P L D 1973 Kar. 132 ; Joyce v. D. P. P. 1946 A C 347 ; Sawhney v. Assistant Passport Ofcer A I R 1967 S C 1836 ; Urtetiqui v. D'Arbel (1835) 34 U S (9) Pet. 692 ; Perkins v. Elg (1939) 307 U S 325 ; Bauer v. Acheson (1952) 106 F Supp. 445; Kent v. Dulles (1958) 337 U S…
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