RUKHSANA BIBI vs FEDERATION OF PAKISTAN Cls — 2023 PLD 522 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

RUKHSANA BIBI VS FEDERATION OF PAKISTAN Cls. 33 & 51---Constitution of Pakistan, Arts. 4, 9 & 15---Emigration Ordinance (XVIII of 1979), S. 22---Black listing of a person---Fugitive from law---Right to return to Pakistan to face proceedings---Scope---Criminal case was registered against the husband of the petitioner under S. 22 of the Emigration Ordinance, 1979, for allegedly having fraudulently received a huge amount for sending a few persons abroad---Accused (the husband of petitioner) left Pakistan during the pendency of trial of the said case and his name was placed in the blacklist and his passport also expired while abroad---Petitioner (wife of accused) invoked constitutional jurisdiction of the High Court contending that her husband's name from the blacklist be removed for his return to Pakistan in order to renew his passport as well as to face trial---Validity---Though Cl. 51 of the Passport and Visa Manual, 2006 ('the Manual 2006') prescribed procedure, certain conditions, proceedings etc. for blacklisting, however, the same (provisions) could only be invoked for any citizen of Pakistan wanting to leave country---However, in the present case petitioner's husband was desirous of entering Pakistan---Astonishingly, on one hand his name had been placed in the blacklist due to his involvement in a criminal case and managed to leave Pakistan to avoid trial in the said case whereas, on the other hand, his entry in Pakistan had been refused---Article 4 of the Constitution guaranteed the inalienable right of every citizen to enjoy the protection of law and to be treated in accordance with law ; and Art. 9 of the Constitution assured that no person be deprived of life or liberty except in accordance with law; and Art. 15 of the Constitution gave every citizen the right to remain in, enter and move freely throughout Pakistan and to reside and settle in part thereof subject to any reasonable restriction imposed by law in the public interest---Although being a fugitive from law, the accused lost some of his rights such as right to audience as well as right to have an advocate to defend him, however, loss of such rights was till such time the accused surrendered himself before the Court---Right to return to the homeland to surrender before the Court or the concerned Law Enforcement Agency to face proceedings in accordance with law was something a citizen was not to be deprived of owing to his obscondance---Name of petitioner's husband had wrongly been placed in the blacklist , however, since the petitioner's husband was involved in a criminal case, therefore, he had to face trial in the same (case)---Under Cl. 33 of Passport and Visa Manual 2006, for repatriation from abroad , a single sheet emergency passport could be issued valid only for return to Pakistan---High Court directed the respondents to remove name of the petitioner's husband from blacklist with direction to issue single sheet emergency passport to the petitioner's husband for fifteen days only under Clause 33 of Passport and Visa Manual 2006, enabling his return to Pakistan to face the trial in criminal case---Constitutional petition was disposed off accordingly .

RUKHSANA BIBI vs FEDERATION OF PAKISTAN Cls — 2023 PLD 522 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 PLD