FARAH MAZHAR vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad art

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FARAH MAZHAR VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad art. 15---Magna Carta Libertatum, clause 42---Universal Declaration of Human Rights, arts.3 & 13---International Covenant on Civil and Political Rights, art.12---Convention on Rights of Person with Disability, art.18(1)---International Convention on the Elimination of all Forms of Racial Discrimination, art.5(d)(i) & (ii)---Convention on the Elimination of all Forms of Discrimination against Women, art.15(4)---african Charter on Human and Peoples' Rights, art.12 (1) & (2)---Convention on the Rights of the Child, art.10(1) & (2)---International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families, art.5---Freedom of movement---Scope---Right to movement has always been regulated by the State and is used a double edged weapon---Such right has to be liberally construed and granted subject to reasonable restrictions imposed by law---Discretion exercised by the executive is subject to judicial review---Provision of art.15 of the Constitution is no exception and it recognizes the right to movement as fundamental right subject to restrictions imposed by law in public interest---Such right is not limited to movement within Pakistan but extends and includes right to leave and enter Pakistan---Right to movement is an inseparable part of right to life---Exercise of executive authority is subject to judicial review---State must come forward with legitimate and lawful cogent, reasonable, justifiable and substantive reasons to clog the right to movement of a citizen---If action taken speaks of malice or is based on mala fide or is otherwise taken arbitrarily and capriciously or without hearing or is unreasonable or without any substantive reason or is based on irrelevant, extraneous and presumptive considerations, the same is liable to be struck down.

FARAH MAZHAR vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad art — 2022 PLD 119 LAHORE-HIGH-COURT-LAHORE

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