Faisal Maqbool Shaikh vs Federation of Pakistan through Secretary Interior, Ministry of Interior, Islamabad Rr

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Faisal Maqbool Shaikh 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 & 109---Foreign Exchange Regulation Act (VII of 1947), Ss. 5 & 23---Passport Control List (PCL)---Planing name of person on PCL---Pre-conditions---Petitioner was alleged to have committed offences of cheating, forgery, using a forged document, abetment, falsification of accounts and violation of foreign exchange restrictions---Authorities placed name of petitioner on Passport Control List---Validity---In the instant case there was no allegation that the petitioner was ever involved in anti-state activities or his visit to foreign countries was considered to be prejudicial to the State interest---Petitioner had never been refused the issuance of passport, so his case did not fall under the criteria mentioned in R.22 of the Passports Rules, 2021---As per R.22(1), the Federal Government was vested withthe powers to regulate the departure from and entry into Pakistan and also visit to foreign countries under the Act but in the instant case no approval of the Federal Government had been obtained---Allegedly, as per S.8(a) of Offences in Respect of Banks (Special Courts) Ordinance, 1984, accused could not depart from Pakistan or be employed by any person after a Special Court had taken cognizance of a scheduled offence alleged to have been committed by an accused person, and such person would not, depart from Pakistan until the case had been finally decided by the Special Court---In the case in hand, the police had not submitted challan, so Trial Court had not taken cognizance of the matter---In the instant matter liberties of a senior citizen had been curtailed on the ground of registration of FIR but challan/report under S.173, Cr.P.C, had not been submitted since last one year---Non-submission of challan within stipulated period had highly been deprecated by the Superior Courts---Retention of petitioner's name on Passport Control List was violative of his fundamental rights to due process, liberty, life, and freedom of movement which were guaranteed by the Constitution---Petition was allowed accordingly.

Faisal Maqbool Shaikh vs Federation of Pakistan through Secretary Interior, Ministry of Interior, Islamabad Rr — 2025 PCrLJ 425 ISLAMABAD

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