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Citation Name: 2024 YLR 1406 LAHORE-HIGH-COURT-LAHOREBookmark this Case USMAN DAR vs FEDERATION OF PAKISTAN through Secretary, Interior Division S — 2024 YLR 1406 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 YLR 1406 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 1406 LAHORE-HIGH-COURT-LAHOREBookmark this Case USMAN DAR vs FEDERATION OF PAKISTAN through Secretary, Interior Division S
Subject matter
Criminal
Provisions referred to
S. 3---C

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

Citation Name: 2024 YLR 1406 LAHORE-HIGH-COURT-LAHOREBookmark this Case USMAN DAR VS FEDERATION OF PAKISTAN through Secretary, Interior Division S. 3---Constitution of Pakistan, Arts. 4, 9 & 15---Standing Order No. 2 of 2018 dated 27-04-2018---Blacklisting a person from going abroad---Provisional National Identification List---Continued inclusion---Right to travel abroad---Scope---Petitioner/politician, desirous of performing Umra along with his family, was aggrieved by continuous inclusion of his name in Provisional National Identification List---Plea of the respondents (Federal Investigation Agency etc.) was that the number of FIRs had been registered against the petitioner--- Validity--- Standing Order No. 2 of 2018 dated 27-04-2018 formulated the Standing Operating Procedure to regulate Provincial National Identification List---Said Notification, while providing a proper mechanism, envisages that name of the person in FIR involved in heinous crimes shall remain on Provisional National Identification List for period of 30 days and placement of name shall expire after lapse of 30 days---However, in the case of petitioner, admittedly, the process as envisaged by the provisions of Standing Order was not followed---Resultantly, the name of the petitioner ought to have automatically been taken off from the Provisional National Identification List---Respondents had no authority to blacklist a person from going abroad and the right to travel is an integral part of the fundamental rights to life and liberty---Pendency of the case against accused can not be a ground to deprive him from his right to travel abroad---High Court declared the continued inclusion of the name of the petitioner on Provisional National Identification List as without lawful authority and of no legal effect, and directed the respondents to allow the petitioner and his family members to travel abroad for performance of Umra---Constitutional petition was allowed in circumstances.

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