LHC declares blacklisting of passports illegal



2022-02-10 21:03:00

  • Courtroom says no provision for blacklisting in Passport Act.
  • Courtroom says if there’s a flaw in regulation then Parliament ought to play its position.
  • Courtroom says federal govt can confiscate a passport or revoke it underneath Article 8 of the Passport Act.

Lahore Excessive Courtroom (LHC) on Thursday declared the blacklisting of passports illegal, Geo Information reported.

LHC’s Justice Tariq Saleem Sheikh declared the blacklisting illegal whereas issuing his judgment on the petition in opposition to the non-renewal of the passport of a blacklisted fugitive.

The court docket stated in its judgment that there was no provision for blacklisting within the Passport Act.

Nevertheless, the deputy lawyer common warned that ending the method could have a huge effect.

However the court docket dominated that safety of elementary constitutional rights in opposition to state interference based mostly on issues is a precedence, including that if there’s a flaw within the regulation then the Parliament ought to play its position.

“In the case of PML-N, the Supreme Court in 2007 had given priority to basic human rights over state intervention for a free society. Fundamental constitutional rights are the heart and soul of the Constitution,” stated the order.

The choose additionally dominated that travelling is taken into account a elementary proper, internationally, including that any citizen’s want to journey and go overseas is a human proper.

The court docket dominated that the Passport Act 1974 and ECL Ordinance 1981 is said to travelling overseas.

“The government is obliged to give a two-week notice of reason before revoking the passport of any citizen. The federal government can revoke a citizen’s passport if they are working against the country,” learn the judgment.

The court docket stated that the federal authorities can confiscate a passport or revoke it underneath Article 8 of the Passport Act.

“There is no provision in the Passport Act for blacklisting,” stated the judgment. It added that the federal government can cease an individual from travelling through the Exit Management Ordinance 1981. The federal government can solely embrace the names of these within the ECL who’re concerned in critical crimes, stated the judgment.

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