1989 PLP 3654 (MLD)

Gulzar Ahmed Bokhari for Respondents. Date of hearing: 25th January, 1988. ORDER. Dr. Muhammad Khan, petitioner, in the presence of respondents Nos. 1 to 3 has narrated the circumstances under which his International Passport No. A. 411216 dated 19‑10‑1984 issued by Embassy of Pakistan, Washington D.C., United States of America, was cancelled in red ink with the words "Cancelled" endorsed on pages 4, 8, 10 to 17, 22 to 23, 25, 27, 29 to 34 by an officer of the Customs in the office of Mr. Gulzar Ahmad Bokhari, Assistant Collector, Customs, Dry Port, Lahore, when he applied to the latter for transfer of residence facilities.

2. On behalf of Mr. Gulzar Ahmad Bokhari, Assistant Collector, Customs, it is submitted that the said International Passport was not cancelled by any of the officers of the Customs Department, as they did not have any legal right to do so.

3. I am not satisfied with the explanation of Mr. Gulzar Ahmad Bokhari, Assistant Collector of Customs, respondent No.1. I hereby directed the Collector of Customs, respondent No.3 to enquire into the circumstances under which the International Passport of Dr. Mohammad Athar Khan, petitioner, was cancelled by some officer or clerk of the Customs Department at the office of the Customs, Dry Port, Lahore. From the narrative of the petitioner it is apparent that other passports were also cancelled in similar manner. These cases should also be enquired into.

4. It appears that the Customs authorities, in their enthusiasm to ensure that persons claiming transfer of residence facilities did not violate the said facilities by going back to their country of service, took upon themselves the ignoble task of cancelling the International Passports of such of the applicants, who applied for such facilities. The report and parawise comments filed by Mr. Gulzar Ahmad Bokhari, Assistant Collector, Customs, respondent No.2, confirms the legal position that the Customs officers have no authority to cancel International Passports. I would, therefore direct the Collector of Customs, Lahore, respondent No.3; to issue a certificate to Dr. Mohammad Athar Khan, petitioner, certifying that the endorsements "Cancelled" scribed in red ink in the International Passport of the petitioner may be treated as withdrawn and not 1 having been made by the Customs Department.

5. In view of the above position I hereby certify that the International Passport No.A.411216 dated 19‑10‑1984 issued to Dr. Muhammad Ather Khan. petitioner by the Embassy of Pakistan Washington, D.C. United States of America, is legal and valid and shall be treated as not bearing the endorsements "Cancelled" on pages 4, 8, 10 to 17, 22 to 23, 25, 27, 29, to 34 thereof.

6. With the above observations, this petition stands disposed of in limine, H.B.T./M‑1427/L