Law:

Section:

Passports Act (XX of 1974)-.----S. 8(2), proviso---Constitution of Pakistan (1973), Arts. 203-D & 203-F--­Repugnancy to Injunctions of Islam---Provisions of the proviso to subsection (2) of S.8 of the Passports Act, 1974 are repugnant to the Injunctions of Islam in so far as they do not provide for issuance of any notice of the action proposed to be taken thereunder and of any opportunity to show-cause against such action---In case of emergency, action to impound the passport, could be taken without a prior show-cause notice but the requisite show-cause notice should be issued soon after the action at the maximum within two weeks of impounding the passport. In so far as the proviso to subsection (2) of section 8 of the Passports Act, 1974 did not provide for a due notice of the action proposed to be taken or an opportunity of showing cause against it, it was repugnant to the Injunctions of Islam. However, in some cases of immediate nature, difficulties may arise as it may not be possible to communicate all the grounds while serving a notice. Such difficulties, could be solved by modifying the proviso in a manner whereby the Injunctions of Islam were not violated and at the same time the object of law was achieved. In the present case, the right of a person to travel freely was being adversely affected. Such a right was recogniscd by the Holy Quran and the Sunnah of the Holy Prophet. Hence this right could not be adversely affected without issuance of a proper show-cause notice. 1n case of emergency, action to impound the passport could be taken without a prior show-cause notice but the requisite show/cause notice should be issued soon after taking the action. However, such opportunity should be afforded as soon, thereafter, as is possible and this opportunity should be afforded at the maximum within 14 days of impounding the passport. The proviso to subsection (2) of section 8 should be amended as follows:-- "Provided that no such notice be given in the case of an order impounding a passport where immediate taking of action is necessary but such opportunity shall be afforded to the person whose passport has been impounded as soon as is possible thereafter…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492