MUHAMMAD SHAHZAD vs GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior Ss

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MUHAMMAD SHAHZAD VS GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior Ss. 17 & 22---Passports Act (XX of 1974), S. 8---Passports Rules, 2021, R. 18 (3)(a)---Constitution of Pakistan, Art.199---Constitutional petition---Blacklisting---Renewal of passport, denial of---Right of proclaimed offender---Petitioner was an overseas Pakistani who had been declared proclaimed offender and authorities refused to renew his passport---Validity---Case of petitioner was not of mere pendency of criminal cases against him---Fugitive from law and courts loses some of the normal rights granted by procedural and also substantive law---Proceedings under Ss. 87 & 88, Cr.P.C. were initiated and he was declared as proclaimed offender---Petitioner could appear to face charges before Courts in Pakistan without a valid travel document---Petitioner did not indicate any desire to return to Pakistan to face criminal charges pending against him or for any other reason---He was seeking renewal of his Pakistani passport for the purpose of renewing his Resident Identity Card in the U.A.E. and his company's license there---Emergency Travel Documents (ETD) under R. 18(3)(a) of Passports Rules, 2021 could be issued to a person not in possession of a valid document who was required to return to Pakistan in an emergency---Provision of R. 18(3)(b) of Passports Rules, 2021, was not attracted to the extent that petitioner's passport had not been confiscated, impounded, or cancelled by Federal Government under the powers conferred by way of S. 8 of Passports Act, 1974---Petitioner fell under the category of a person whose passport was rendered inactive on account of its expiry as inactivation was not required to be carried out by order of Federal Government under S. 8 of Passports Act, 1974---If petitioner wished to return to Pakistan to surrender before Courts, he could apply to Pakistani mission abroad who would consider his application in accordance with R. 18 of Passports Rules, 2021---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances.

MUHAMMAD SHAHZAD vs GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior Ss — 2024 PLD 109 ISLAMABAD

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