1987 PLP 2090 (CLC)

Arif Iqbal Hussain Bhatti for Petitioner. Sh. Maqbool Ahmad‑II, Standing Counsel for Respondent No.1. This is a constitutional petition filed by Habib Jalib, petitioner, calling upon the Secretary, Government of Pakistan, Ministry of Interior, Islamabad, and the Assistant Director, Regional Passport Office, Lahore, to immediately endorse "India" on the Passport of the petitioner and to allow him to participate in the "Alami Mushaira and Conference" to be held at New Delhi, India, well before 5th June, 1987.

2. On 25‑5‑1987, a copy of the writ petition was delivered to Sh. Maqbool Ahmad‑II, Standing Counsel for the Federal Government to take instructions in the matter and to submit his report to this Court on 26‑5‑1987.

3. On 26‑5‑1987, Sh. Maqbool Ahmad‑II, Standing Counsel, intimated that the application of the petitioner for grant of an endorsement of India on his Passport, which had been received by the Passport Office at Lahore on 5‑5‑1987, was transmitted by the said office to the Section Officer, Ministry of Interior, Government of Pakistan, Islamabad, the same day. The Standing Counsel also intimated that the Ministry of Interior had not yet taken any decision on the petitioner's application. Since it seemed that the respondents were not attending to the matter with that urgency which was called for in the case, I admitted the writ petition and ordered that respondents Nos. 1 and 2 should file their written statements on 1‑6‑1987, on which date the case would also be disposed of. The learned Standing Counsel was also directed to inform the Ministry of Interior to send their representative with the file, in case they wanted to contest the petition.

4. Today, the Standing Counsel for the Federal Government has not filed any written statement on behalf of respondents Nos.1 and

2. He submits that from communication which has been received from the Ministry of Interior by the Superintendent, Passport Office, Lahore, the Ministry of Interior has refused to grant the endorsement of India on the Passports of all Pakistani poets who filed applications in that behalf in respect of their visit to the "Alami Mushaira and Conference" to be held at New Delhi, India, due to the specially disturbed conditions presently prevailing there.

5. The learned Standing Counsel for the Federal Government has not been able to show under what statute or rule the Ministry of Interior has refused to grant the endorsement of India on the Pakistan Passport of the petitioner, due to the disturbed conditions which have been found prevailing in the said foreign country.

6. The petitioner, who is a poet of repute and a man of letters, desires to visit India in order to participate in the "Alami Mushairal and Conference" to be held in New Delhi, India, on 5th June, 1987.1 The petitioner filed his application for grant of endorsement of India on his Passport and for permission to visit India on 5‑5‑1987, but it! appears that the respondents, after dragging their feet, have now; communicated their final decision to this Court today. The relevant~ documents upon which the decision has been taken by the respondents, has not been shown to me by the learned Standing Counsel. Earlier, the ban imposed on the petitioner for visits to India was removed, after the petitioner had filed Writ Petition No.5129 of 1986. The petitioner, who is present, submits that he does not intend to embarrass the Government of Pakistan or the country in any way by making any scurrilous utterances and that, being at poet of repute, tie intends to recite poetry of the highest order at the said conference to bring a good name to the country. Taking all circumstances into consideration, the grounds for denial of endorsement appear to be without justification or any lawful basis. In these circumstances, the petitioner is entitled to the writ called for.

7. For the foregoing reasons, this constitutional petition is accepted and the respondents are directed to immediately grant the endorsement of India on the Passport of the petitioner, so as to enable the petitioner to depart for India at the earliest, to participate in the "Alami Mushaira and Conference" to be held. at New Delhi on 5‑6‑1987. A. A. /H‑25/L????????????????????????????????????????????????????????????????????????? ??????????? Petition accepted.