Law:

Section:

Passports Act (XX of 1974)-----Ss. 3, 4, 2(a) & 13--Constitution of Pakistan (1973), Arts. 4, 9 & 15--Applicant for grant of passport was neither heard before refusing the issuance of passport nor any ground communicated to him for not doing so nor even told that the reasons for not issuing it were of such sensitivity that their disclosure was not in the public interest-­Refusal to issue a passport to the applicant, held, was without lawful authority and of no legal effect--Travelling abroad when could be barred. By reading the provisions of Articles 4, 9 and 15, of the Constitution of Pakistan (1973), it is manifest that every citizen has the liberty to go abroad and to re-enter Pakistan unless he is precluded from doing so under some law made in the public interest. The Passports Act, 1974, is one such law. Indeed its preamble itself recites that it has been 'enacted to regulate the departure from and entry into Pakistan and visits to foreign countries of citizens of Pakistan. Thus, the departure from Pakistan in order to visit a foreign country and entry into Pakistan thereafter is regulated by the Passport Act of 1974 with the result that no person can depart from or re-enter Pakistan without a passport. The Federal Government, moreover under section 13 of the Act, is empowered to make rules for carrying out the purposes of the Act. In 'the Passport Rules so framed it is laid down that an application must be made for issuance of a passport. The Passports Act, 1974 being a law made in the public interest regulating the right of a citizen of Pakistan to travel abroad and return back home has to be construed in the light of its object and purpose. If so construed, the view that as neither the provisions of the Act nor the Rules framed thereunder contain any provision empowering the Federal Government to issue or to refuse to issue a passport when applied for, hence the applicant had a right to the issue of a passport, does not appear to be correct because the issuance of a passport is incidental to the power to regulate the exit of any person out of Pakistan and his return thereto thereafter. In the present case, no .reasons whatever were given by the…

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