Federal Interior Minister Mohsin Naqvi has directed to block the identity cards and passports of Pakistani citizens who misbehaved with former Chief Justice Qazi Faiz Isa in London in recent days, but does the Pakistani law block a citizen’s travel or identity document? Allows?
Regarding the incident in London, Mohsin Naqvi had further said in a conversation with the media that approval will also be taken from the cabinet to revoke the citizenship of the people involved in it.
This is not the first time that a government has announced to block the passports of Pakistani citizens involved in various incidents.
Three months ago, Federal Minister for Information Attaullah Tarar, while giving a press conference in Islamabad, without mentioning the name of Pakistan Tehreek-e-Insaf (PTI), said about the supporters of the party living abroad that the government will adopt legal means to identify these people. Card and passport will be blocked.
He had alleged that these people are sitting abroad and are involved in separatist organizations and activities against the state in Pakistan with foreign funding.
He said: ‘We have decided to take disciplinary action against him and will also bring a resolution in this regard in the assembly while also taking the legal route and blocking his identity card and passport.’
Similarly, after the federal government banned the Pashtun Protection Movement (PTM) last month, Mohsin Naqvi said that the identity cards and passports of PTM supporters will also be blocked as they are involved in anti-state activities. I am involved.
After these statements about ID card and passport blocking, Independent Urdu spoke to legal experts and studied some Pakistani laws to find out under what circumstances a Pakistani citizen’s ID card or passport can be blocked.
Barrister Gohar Ali Durrani is a Supreme Court lawyer and an expert in constitutional matters. He told Independent Urdu that according to clause number three of the Pakistan Penal Code, if a Pakistani citizen commits a crime outside the country, action can be taken against such a person within the country.
According to Barrister Gohar, mostly cases are filed in Pakistan against Pakistanis living abroad under this clause.
“However, it is very difficult to prove it in Pakistan and it is only a temporary adornment of the media, but it is difficult to prove the guilt of the accused.”
Barrister Gohar Ali said about the blocking of identity cards and passports that it is ‘unconstitutional and illegal’ to unilaterally block official documents against a Pakistani citizen.
“The State cannot block the identity card or passport of the concerned person without hearing him, because as a citizen the identity card or passport is his fundamental right.”
According to Barrister Gohar, since Article No. 10A has been included in the Constitution of Pakistan, no decision can be taken without hearing any Pakistani citizen and Justice Qazi Faiz Isa has also mentioned this in one of his decisions. Everyone has the protection of the law.
Passport is issued under which law?
Any citizen in Pakistan including citizens of Pakistan-administered Kashmir Passport Act 1974 Passport is issued after submission of necessary forms and other documents under
Under the same law, after the issuance of a passport, any citizen is authorized to travel abroad on the same document and traveling without a passport is legally an offence, punishable with imprisonment up to one year and fine.
According to clause seven of this law, any person can be arrested without warrant if the government believes that the person has violated the Passport Act.
In this law, cancellation or confiscation of passports is mentioned in clause eight of the act, which states various reasons.
According to this law, before canceling or impounding the passport of any person concerned, the Federal Government or the Secretary shall inform the person by giving a notice in writing showing the reasons and asking him why his passport was not revoked or impounded. Go?
Barrister Ali Gohar interpreted the same clause and said that the State of Pakistan cannot block a person’s identity card or passport without notice.
However, according to the same passport act, if the government has to cancel or confiscate the passport of someone on emergency grounds, the concerned person will be informed in writing within two weeks of this decision.
According to the law, ‘but if the government feels that a person is involved in any activity against the interest of the state of Pakistan or there is a fear that the relationship with another country will be damaged because of this person, then in this case, to give notice to the person concerned. Not required, but the person whose passport is blocked, can file an appeal in the concerned institution within one month.
In what case can a citizen be denied a passport?
It is one of the fundamental rights of every citizen of Pakistan to get a passport, but according to the laws in Pakistan, the issuance of a passport can also be denied due to certain reasons.
According to the Passport Rules of Pakistan 2021, any citizen can be denied a passport due to court orders, and no passport can be issued to a person below the age of 18 without the permission of a guardian.
Similarly, according to the law, a person whose name is included in the provincial national identification list and who is trying to escape from a case, will not be issued a passport.
Also, if a person’s name is on the Exit Control List (ECL) or wanted by the International Criminal Police Organization (INTERPOL), then a passport will also not be issued to him.
In the same law, it was also stated that if the federal government finds that any Pakistani citizen is working abroad against the ‘public interest’ or the sovereignty of Pakistan, such a person will not be issued a passport.
In 2022, four petitioners filed a case in the Lahore High Court against the Pakistan government’s ‘blacklisting’ of passports.
In the judgment of this case, the court said that there is no provision in the Passport Act, 1974 regarding blacklisting of passports and under this law the federal government has the authority to cancel or confiscate passports.
This section contains related reference points (Related Nodes field).
In this case, the petitioner’s counsel had told the court: ‘Travelling in Pakistan and abroad is a fundamental right of every citizen and for this passport is a prerequisite and not a privilege.’
The court wrote in its decision that according to the Universal Declaration of Human Rights, freedom of travel is a fundamental right of every citizen and it is included in the fundamental rights.
According to the court decision: ‘One’s right to travel can be revoked if a person commits an offense against public interest and the offense is reasonable.’
The judgment struck down Para 51 of the Passport and Visa Manual 2006 stating that the Passport Act is silent on blacklisting of passports and blacklisting of the applicant’s passport is illegal and has no legal status.
According to Tariq Afghan, a lawyer of the Supreme Court and who follows various human rights cases in the courts, any state can take action against an accused within its geographical boundaries and state laws can also be applied within the same geographical boundaries. .
According to him, if a person supports an extremist organization, works against the integrity of Pakistan, then there is a moral justification for blocking their passport, but blocking a passport for a protest is beyond understanding.
He said: ‘If Qazi Faiz Isa, who is now an ordinary Pakistani citizen, takes his case, he can submit an application to the relevant body in London and action can be taken against this person under the laws there.’
The Passport Act talks about confiscating or canceling passports on the grounds of ‘public interest’, however, the law is unclear as to who will interpret ‘public interest’.
He said: ‘If there is a protest against the leader of one party and the workers of the other party protest, then in this case it becomes difficult to block the passport in the public interest.’
Independent Urdu tried to know the position of Federal Information Minister Attaullah Tarar on this matter, but he did not give any answer.
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#government #Pakistan #legally #block #passport #citizen
Differenza tra ordinary passport e official passport
Se laws, there are specific legal frameworks in Pakistan governing the issuance, revocation, and blocking of passports and identity cards for citizens.
1. **Legal Basis for Passport Issuance and Revocation**:
– The **Passport Act of 1974** outlines the procedures and rights regarding passports. Under this act, any citizen has the right to obtain a passport by submitting the necessary documentation.
- Revocation of a passport must follow due process, which requires the government to provide written notice to the individual, detailing the reasons for such an action.
2. **Potential Grounds for Blocking Passports**:
– **Criminal Activity**: If a Pakistani citizen commits a crime abroad, they may face legal actions in Pakistan under specific provisions of the Pakistan Penal Code.
– **National Interest**: The government may block passports without notice if it believes the individual poses a threat to state interests or has engaged in activities that could harm Pakistan’s relations with other countries.
– **Legal Restrictions**: Passport issuance can also be denied based on court orders, cases under investigation, or if the individual is on the Exit Control List (ECL).
3. **Judicial Precedents**:
– A Lahore High Court ruling highlighted that citizens have a fundamental right to travel, which can only be restricted for valid reasons. The court emphasized that the passport is not a privilege but a necessity for travel.
– The court also stated that the government must follow the processes outlined in the Passport Act when dealing with passport revocation and not engage in any arbitrary or unlawful practices.
4. **Contemporary Issues**:
– There have been instances where the government has threatened to revoke passports of individuals based on their alleged involvement in anti-state activities. Legal experts caution that such actions could be unconstitutional if not backed by due legal process.
5. **Conclusion**:
– While the government does possess the authority to block or revoke passports under certain circumstances, it must respect the legal framework established by the Passport Act and other applicable laws. Citizens have the right to appeal such decisions and seek judicial recourse to protect their rights.
