Dr. Shireen M. Mazari vs Federation of Pakistan through Secretary Interior, Ministry of Interior, Islamabad Rr — 2024 MLD 1020 ISLAMABAD

Case information

Citation: 2024 MLD 1020 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: MLD
Parties: Dr. Shireen M. Mazari vs Federation of Pakistan through Secretary Interior, Ministry of Interior, Islamabad Rr
Subject matter: Criminal
Provisions referred to: Penal Code (XLV of 1860); A---Foreign Exchange Regulation Act (VII of 1947)

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

Judgment text as reported

Dr. Shireen M. Mazari VS Federation of Pakistan through Secretary Interior, Ministry of Interior, Islamabad Rr. 21 & 22---Penal Code (XLV of 1860), Ss. 420, 468, 471& 477-A---Foreign Exchange Regulation Act (VII of 1947), Ss. 5 & 23---Passport Control List (PCL)--- Pre-conditions--- Petitioner was alleged to have committed offences of cheating, forgery, using forged document, falsification of accounts and violation of foreign exchange restrictions---Authorities placed name of petitioner on Passport Control List---Validity---Authorities failed to provide exceptional circumstances for placing name of petitioner on PCL who was a female, remained an Associate Professor and had also served as a chairperson of department of Defense Strategic Studies of Quaid-i-Azam University (QAU), Islamabad, for a long period--- Petitioner remained Federal Minister for human rights, obtained bail in all cases registered against her, and had never been declared proclaimed offender---Nothing was placed on record that could indicate that Federal Government had given approval regarding placing name of petitioner on Passport Control List (PCL) as provided in R.22 (1) of Passports Rules, 2021---Placing petitioner's name on PCL was violative of her fundamental rights to due process, liberty, life, and freedom of movement which were guaranteed by the Constitution---High Court directed the authorities to remove name of petitioner from PCL as it was unjustified, illegal, without lawful authority and of no legal effect---Constitutional petition was allowed accordingly.

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