RAHIL AZIZI vs State S — 2024 PLD 231 ISLAMABAD

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RAHIL AZIZI VS State S. 14 (2)---Refugee Convention, 1951, art. 31---Constitution of Pakistan, arts. 9 & 199---Constitutional petition---First Information Report, quashing of---Illegal entry into Pakistan---Pre-conditions---Intention to seek refuge---Petitioner/accused entered Pakistan illegally to seek political asylum---authorities registered FIR against petitioner/ accused under Foreigners act, 1946 and put her in judicial custody---Trial Court and Lower appellate Court declined to release her on the plea that she wanted to return to her country---Validity---Components of offence under S. 14(2) of Foreigners act, 1946, include entry into Pakistan for an illegal purpose and doing so knowingly---actus reus of offence is entering Pakistan illegally and mens rea is intent to enter for an illegal purpose---Intent to seek refuge to save one's life is not an illegal purpose---Where facts established that a foreigner entered into Pakistan to save her life and sought asylum fearing persecution in her home country, such action did not constitute an illegal purpose within the meaning of S. 14(2) of Foreigners act, 1946---Orders passed by two Courts below were not in accordance with law and had disregarded protection of life and liberty afforded by art. 9 of the Constitution to any person for the time being in Pakistan---Both the Courts below also failed to appreciate that a foreigner who entered Pakistan as a refugee to save her life from persecution in home country and to seek asylum in a third country in accordance with international law was not liable for a criminal offence under S. 14(2) of Foreigners act, 1946---High Court set aside orders passed by two Courts below---High Court directed Federal Government to prescribe a mechanism in consonance with art. 31 of Refugee Convention, 1951, to enable refugees to voluntarily report upon arrival in Pakistan that they would seek refuge and wished to register with UNHCR to seek asylum in a third country---High Court further directed the Government to frame SOPs to direct police authorities to release an accused refugee under S. 169 of Cr.P.C. or file an appropriate report under S. 173 of Cr.P.C., or file an appropriate application under S. 494 of Cr.P.C. to withdraw from prosecution of foreigner, depending on the stage when once refugee status of foreigner is recognized by UNHCR and application for grant of asylum is under process or has been approved---High Court quashed FIR against petitioner/accused as there was no evidence establishing that she had knowingly and illegally entered into Pakistan instead of entering Pakistan as a refugee to save her life---High Court directed Federal Government to issue an exit permit to petitioner/accused forthwith---Constitutional petition was allowed, in circumstances.

RAHIL AZIZI vs State S — 2024 PLD 231 ISLAMABAD

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