MANZOOR QADIR vs The FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad Rr

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MANZOOR QADIR VS The FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad Rr. 21 & 22---Constitution of Pakistan, Arts. 9 & 15---Passport Control List---Removal of name---Constitutional petition---Plearaised by petitioner was that he was a cancer patient and required frequent follow-up consultations with his primary surgeon, who was based in Canada but due to placing his name in Passport Control List, he was restricted from travelling---Validity---Petitioner was arrayed as an accused in National Accountability Bureau Reference, which was still pending adjudication and in fact was at its very initial stages and was likely to take many years to conclude---How long could the State deprive a person of his fundamental right of freedom of movement under Art. 15 and his right to life under Art. 9 of the Constitution especially when he was suffering from a very serious ailment---It was not in dispute that the petitioner suffered seriously from cancer and was treated for his condition in Canada as confirmed by his medical reports which were on record and that he required follow up treatment which he had since missed in Canada as his name was placed on the Passport Control List---Right to life was a fundamental right guaranteed by the Constitution and stood protected under Art. 9 thereof, which could not be curtailed except in accordance with law---Human life had been placed on the highest pedestal not only by the Constitution but also under various statutory provisions and its protection must be ensured even in the context of ongoing criminal proceedings---Law requires a living person to stand trial; aconviction could not be secured against a deceased accused, regardless of the strength of the prosecution's case---In the present case, the Consultant Medical Oncologist had opined that since the petitioner previously underwent radiation therapy in Canada, access to these prior treatment records and continuity of care at the original treating institution would render any potential re-treatment, particularly re-irradiation, if indicated more feasible, safe and effective---In any event no material had been placed before High Court to rebut or cast doubt upon the medical documentation submitted by the petitioner which came from one of the most prestigious medical institutions in Pakistan, which clearly indicated that the petitioner was suffering from Stage IV cancer---In the absence of any credible challenge to the authenticity of such documents, the Court saw no reason to disbelieve them at this stage---Furthermore, the petitioner had submitted that he petitioner was prepared to furnish adequate security, whether in the form of cash, defence savings certificates or any other manner deemed appropriate by the Court and to provide a binding undertaking to return to Pakistan after receiving the necessary medical treatment abroad---Petition was allowed, accordingly.

MANZOOR QADIR vs The FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad Rr — 2026 PLD 49 KARACHI-HIGH-COURT-SINDH

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