Citation Name: 2023 PLD 359 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh SHAN ILAHI vs FEDERATION OF PAKI

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Citation Name: 2023 PLD 359 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh SHAN ILAHI VS FEDERATION OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad Part II, Chapter 1---Fundamental rights---Categories---Absolute and others---Distinction---Clear distinction has been made by the Constitution between fundamental rights that are absolute and others which are not---Non-absolute are those fundamental rights which are "subject to law" or "subject to reasonable restrictions imposed by law"---No fundamental right can be surrendered or waived and limitations, if any, can be imposed only in public interest and in accordance with law. Citation Name: 2023 PLD 359 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh SHAN ILAHI VS FEDERATION OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad arts. 4, 9 &15---Universal Declaration of Human Rights, 1948, art. 13---International Covenant on Civil and Political Rights, 1966, art. 12---Right to travel abroad---Scope---Right to travel abroad is not expressly guaranteed by art. 15 of the Constitution or any other provision in Chapter 1 of Part II of the Constitution---Courts invoke art. 4 (right to be treated in accordance with law) and art. 9(right to life and liberty)of the Constitution to support it. Citation Name: 2023 PLD 359 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh SHAN ILAHI VS FEDERATION OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad S. 8---Cancelling of passport and blacklist of a person---Scope---Blacklisting cannot be equated with cancellation, impounding or confiscation of passport. Citation Name: 2023 PLD 359 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh SHAN ILAHI VS FEDERATION OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad art. 199---Mala fide action of Execute---Judicial review---Scope---Executive has no inherent power except what is conferred on it by law---action which is malafide or colourable or taken upon extraneous or irrelevant considerations is not regarded as action in accordance with law---action taken by an authority on no ground or without application of mind is unlawful and liable to be struck down. Citation Name: 2023 PLD 359 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh SHAN ILAHI VS FEDERATION OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad Blacklist---Meaning. Citation Name: 2023 PLD 359 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh SHAN ILAHI VS FEDERATION OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad S. 8---Passports Rules, 1974---Passport and Visa Manual, 2006, Para, 51---Exit from Pakistan (Control) Ordinance (XLVI of 1981), S.3---Constitution of Pakistan, Art. 199---Constitutional petition---Blacklisting---Non-issuance of passport---Travel abroad, restriction on---Petitioners (accused) were facing criminal charges and their names were entered in Blacklist maintained for imposing restrictions to travel abroad under para 51 of Passport and Visa Manual, 2006---Validity---Passport and Visa Manual, 2006, was prepared to carry out aims and objects of Passports Act, 1974, as the same was the governing law---Provision of S. 8 of Passports Act, 1974, talked only about cancellation, impounding and confiscation of passport and did not say anything about blacklisting which was a category apart---Passports Rules, 1974, were equally silent on the issue---Para 51 of Passports Rules, 1974, went beyond the legislative policy of Passports Act, 1974 and was, therefore, ultra vires---It was in public interest that offenders should be brought to justice, and the same was more true in respect of fugitives from law---Every case had its own facts and Federal Government could not cancel, impound, confiscate or for that matter blacklist a person mechanically---Each case was to be thoroughly examined before taking any action---Pendency of case against accused could not be a ground to deprive him of the right to travel abroad---High Court declared blacklisting of accused persons to be without lawful authority and of no legal effect---Constitutional petition was allowed, in circumstances. Citation Name: 2023 PLD 359 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh SHAN ILAHI VS FEDERATION OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad art. 199---Judicial review---Scope---Good governance---Discretion of officials---Functioning of official business---Procedure---Government is competent to issue instructions and guidelines for smooth running of its departments and offices and, more particularly, to structure discretion of officers which is imperative for good governance---Such instructions and guidelines should not be strident with the Constitution, statutory law and rules validly framed thereunder.

Citation Name: 2023 PLD 359 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sheikh SHAN ILAHI vs FEDERATION OF PAKISTAN through Secretary Interior, Ministry of Interior, Islamabad Part II, Chapter 1 — 2023 PLD 359 LAHORE-HIGH-COURT-LAHORE

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