Right to due process

There is no provision in the law that explicitly authorizes the Federal Government or any of its agencies to restrain a person from travelling abroad by placing their name on the PCL without lawful justification, more particularly without any notice

Allowing such arbitrary practices to continue unchecked would not only undermine the rule of law, but also erode the very fabric of the society, more expressly the fundamental right to liberty so guaranteed under Art.9 of the Constitution

Prior to placing the name of the petitioner on PCL neither any show-cause was given to him to offer any explanation nor was he provided any opportunity to explain his position

Such action on the part of respondents amounts to a blatant violation of the fundamental right to due process as guaranteed under Art.10-A of the Constitution

The arbitrary action on behalf of the official respondents disregards the dignity of the petitioner, who hails from an underprivileged background and sought to earn a livelihood abroad

Petitioner has a constitutional right to travel abroad, which cannot be curtailed without due process of law

Hence, placing the name of petitioner on PCL by the official respondents was unlawful and of no legal effect

High Court directed the respondents to remove the name of the petitioner from the PCL forthwith

Constitutional petition was allowed accordingly.

Due process constitutes a fundamental constitutional right and no proceedings may be lawfully initiated except in strict adherence to due process and the prescribed procedural formalities

Any exercise conducted without due process of law is unconstitutional, illegal and void

Proceedings initiated underan inapplicable provision would vitiate the legality of proceedings.

Right to be governed by representatives chosen by the free will of the people was an ineffaceable constitutional reality

All forms of exploitation under Art.3 of the Constitution including electoral exploitation resulting in diluting or impairing the right to representation of a citizen in elections was abhorred by the Constitution

Right to due process under Art. 4 of the Constitution fully covered the electoral process

Right to life and liberty under Art. 9 of the Constitution in the political context had a range of meanings

Life of a citizen in a representative democracy could not be envisaged without its political dimension; the ability to participate in the political life of the nation, the freedom to exercise political choice, the right to choose a political leader and elect the government of his or her choice

Right to liberty under the Constitution included political liberty which carried political rights like right to participation in political life of a nation, right to self-determination, autonomy, civil rights, sovereignty and self-government.

Provision of law that was ex facie discriminatory and was also being applied discriminatorily could not pass the text of due process under Art.10A of the Constitution.