Law: Constitution of Pakistan, 1973

Section: 199,2A,4,9,15

Law: Constitution of Pakistan, 1973

Section: 199,2A,4,9,15

Law: Passports Act, 1974

Section: 8(1),8(2),8(3),8(4)

Passports Act (XX of 1974)-------S. 8---Constitution of Pakistan (1973), Arts.15 & 199---Constitutional Petition---Blacklisting of passport---Application of S.8, Passports Act, 1974--Scope---Petitioner, in the present case, was not involved in any subversive activities or in activities which were prejudicial to the interest of Pakistan or Pakistan's relations with- any foreign power---Mere fact that the petitioner or his son had filed some complaint at a foreign Court wherein he had also impleaded some of the members of the Embassy of Pakistan in that country, would not mean that the petitioner was a person involved in subversive activities etc.---Relevant letter from the said Embassy did not contain any allegation, which could be termed to be subversive activities against Pakistan or covered by any other situation visualized under S.8(3) of the Passports Act, 1974---Not only that, petitioner, in the present case, was not given opportunity of being heard before taking punitive action of blacklisting his passport---Held, action taken by the authorities against the petitioner was not only in violation of fundamental rights guaranteed to him under Art.15 of the Constitution, but also against the fundamental principles of natural justice of "Audi Alteram Partem"---High Court, in circumstances, allowed the constitutional petition with the observation that in future the official/authorities shall be careful in taking such arbitrary action against any citizen of this country, else they will be liable for penal action, which may entail, inter alia consequences of imposition of heavy costs---Principles. Government of Pakistan and another v. Dada Amir Haider Khan PLD 1987 SC 504 and Pakistan Muslim League (N) through Khawaja Muhammad Asif, M.N.A. and others v. Federation of Pakistan through Secretary Ministry of Interior and others PLD 2007 SC 642 fol. Rasheed A. Rizvi for Petitioner. Umer Hayat Sandhu D.A.-G. for official Respondents. Ms. Shahida Jatoi for Respondent No.5. ORDER The petitioner, a citizen of Pakistan has invoked constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for seeking following…

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