SHAHID JAVED vs GOVERNMENT OF PAKISTAN through Secretary Ministry of Interior, Islamabad R

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

SHAHID JAVED VS GOVERNMENT OF PAKISTAN through Secretary Ministry of Interior, Islamabad R.22(2)(b)---Constitution of Pakistan, Arts.15 & 199---Constitutional petition---Passport Control List (PCL)---Placement and retention of citizen's name, challenge to--- Mere registration of a criminal case---Whether sufficient ground for international travel restriction---Fundamental right of movement, protection of---Petitioner/accused might jeopardize trial by fleeing abroad, plea of---Relevance---Briefly, petitioner filed a constitutional petition challenging an order whereby his name was placed on the Passport Control List (PCL) and dismissed his review application---Petitioner's name had been placed on the PCL in connection with a criminal case, on the premise that he was not joining investigation, whereas it was undisputed that the petitioner had appeared before the competent court and had been granted bail ---Issue requiring determination before the High Court was "whether, in the circumstances of the case, mere registration of a criminal case and an apprehension of non-appearance could lawfully justify the placement or continued retention of a citizen's name on the PCL under R.22(2)(b) of the Passports Rules, 2021, particularly when the accused was already on bail?"---Held: Petitioner was on pre-arrest bail, and this legal status carried the presumption that he was cooperating with the investigation and trial---Right to freedom of movement was afundamental right enshrined in the Constitution, and any restriction on liberty had to satisfy the test of procedural fairness---The inclusion of a citizen's name on the PCL, particularly, under R.22(2)(b) of the Rules, constituted a serious interference with this right and could not be left to the unstructured and unchecked discretion of the executive authorities---Mere involvement in a criminal case was insufficient to justify a restriction on international travel, especially when the accused was admitted to bail by a competent court---Contention raised by the law enforcement authorities that the trial was underway and the petitioner might not appear on dates of hearing before the Trial Court, therefore, his name had to remain on the PCL, was inherently flawed inasmuch as such reasoning undermined the entire concept of bail---Once a person had been granted bail, the legal presumption was that he was not fleeing justice---Impugned order was set aside and respondent authorities were directed to remove petitioner's name from the PCL---Constitutional petition was allowed, in circumstances.

SHAHID JAVED vs GOVERNMENT OF PAKISTAN through Secretary Ministry of Interior, Islamabad R — 2026 PLD 195 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2026 PLD