Right to travel abroad

2024 YLR 1406 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 3Constitution of Pakistan, Arts. 4, 9 & 15Standing Order No. 2 of 2018 dated 27-04-2018Blacklisting a person from going abroadProvisional National Identification ListContinued inclusionRight to travel abroadScope

Petitioner/politician, desirous of performing Umra along with his family, was aggrieved by continuous inclusion of his name in Provisional National Identification List

Plea of the respondents (Federal Investigation Agency etc.) was that the number of FIRs had been registered against the petitioner

Validity

Standing Order No. 2 of 2018 dated 27-04-2018 formulated the Standing Operating Procedure to regulate Provincial National Identification List

Said Notification, while providing a proper mechanism, envisages that name of the person in FIR involved in heinous crimes shall remain on Provisional National Identification List for period of 30 days and placement of name shall expire after lapse of 30 days

However, in the case of petitioner, admittedly, the process as envisaged by the provisions of Standing Order was not followed

Resultantly, the name of the petitioner ought to have automatically been taken off from the Provisional National Identification List

Respondents had no authority to blacklist a person from going abroad and the right to travel is an integral part of the fundamental rights to life and liberty

Pendency of the case against accused can not be a ground to deprive him from his right to travel abroad

High Court declared the continued inclusion of the name of the petitioner on Provisional National Identification List as without lawful authority and of no legal effect, and directed the respondents to allow the petitioner and his family members to travel abroad for performance of Umra

Constitutional petition was allowed in circumstances.

2023 PLD 359 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 4, 9 &15Universal Declaration of Human Rights, 1948, Art. 13International Covenant on Civil and Political Rights, 1966, Art. 12Right to travel abroadScope

Right to travel abroad is not expressly guaranteed by Art. 15 of the Constitution or any other provision in Chapter 1 of Part II of the Constitution

Courts invoke Art. 4 (right to be treated in accordance with law) and Art. 9(right to life and liberty)of the Constitution to support it.

2015 PLD 301 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 2A, 4, 9, 15 & 25Right to travel abroadScope

Right of a citizen to travel was a Fundamental Right guaranteed by Arts.2A, 4, 9, 15 & 25 of the Constitution.

2015 PLD 301 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 2Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 9Exit from Pakistan (Control) Rules 2010, R.2(1)(d)Constitution of Pakistan, Art.199Constitutional petitionChairman and directors of a company ("petitioners")Alleged default in repayment of loanPending recovery suitPlacing name of alleged defaulter on Exit Control List (ECL) during pendency of recovery suitLegalityRight to travel abroadScope

Mere fact that there was a claim against a person by a commercial bank, which was yet to be adjudicated upon, was no ground for placing name of such person on the Exit Control List or to deprive him of his fundamental right to travel abroad or restrict his right of free movement

No one could be termed a "defaulter" unless so declared by a court of competent jurisdiction

Courts established under the Banking laws were the sole authority to adjudicate upon the default in cases involving commercial loans

Recovery suit filed by the bank was pending, and no determination had been made by the Banking Court relating to status of petitioners as defaulters

No power vested with the commercial bank, the State Bank of Pakistan or for that matter the Federal Government to declare a person to be in default

Such power solely vested with the courts of competent jurisdiction

Any action on part of either the commercial bank or the State Bank of Pakistan, to determine that a customer was in default of an amount calculated by the bank and thereafter recommending placement of his name on the Exit Control List, was not only violative of settled principles of law but amounted to making the entire system of banking law and banking courts redundant

Petitioners were not given an opportunity of being heard by giving them a notice

Besides petitioners had furnished adequate and sufficient securities to the lending bank to cover the entire alleged claim of the bank, if and when decreed

As such the lending bank was adequately covered in terms of its financial risk

Act of placing name of petitioners on the Exit Control List was without lawful authority and of no legal effect

High Court directed that the name of petitioners should immediately be removed from the Exit Control List

Constitutional petition was allowed accordingly.

2014 CLD 1384 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 2A, 4, 9, 15 & 25Right to travel abroadScope

Right of a citizen to travel was a Fundamental Right guaranteed by Arts. 2A, 4, 9, 15 & 25 of the Constitution.