Writ Petition against Passport Blacklisting/ Draft/ Speciman / Sample
BEFORE THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. Petition No. /2022
__________ S/O __________
R/O ____________, Ismael-pura,
District Wazirabad
Through his Special Attorney Manzar Abbas S/O Ameer Ali
PETITIONER/ACCUSED
VERSUS
- The State etc.
…RESPONDENTS
WRIT PETITION UNDER ARTICLE 199 OF THE ISLAMIC REPUBLIC OF PAKISTAN
Respectfully sheweth:
- That the brief facts leading to filing the instant writ petition are that in pursuance of case FIR no. 79/19 the Respondent no 2 to 4 illegally, with mala-fide intention and without notice sent the recommendation to the Respondent no. 5 to blacklist the passport and name of the Petitioner on 06/12/2022 and Interpol’s red notice has been issued. Hence, this is actually causing the hindrance in Petitioner’s returning back to Pakistan as the petitioner can’t travel with blocked passport to face the trial.
- That the brief facts of the case are that the Petitioner namely Saad Zia, is one of the nominated accused at serial no. 8 in case FIR No. 79/2019 dated 14/02/2019 registered at Police Station Sadar, District Wazirabad, for offences under sections 302, 324, 148, 149, 337F(vi) and 337F(iv) PPC. Whereby the complainant falsely and with mala-fide intention involved the accused petitioner in the instant case just to humiliate the accused petitioner and to spoil his educational career as the Petitioner is under graduate student.
(THE COPY OF F.I.R 79/19 DATED 14/02/2019 IS ANNEXED HEREWITH AS ANNEXURE “A”)
- That the story narrated in the FIR is silent about the role of the accused petitioner and during the investigation the CCTV videos and video recordings in the marriage hall clearly showed that the accused petitioner was there as a guest in the marriage ceremony and his hands were empty however, the Complainant and his sons including some unknown persons opened fires on the petitioner and other accused persons hence, after watching the videos, the Cross Version U/S 324, 148, 149, 337F, 337-D PPC was recorded/registered and complainant and others were arrested in furtherance thereof.
(COPY OF PROOF OF CROSS VERSION IS ANNEXED HEREWITH AS ANNEXURE A-1)
- That the accused petitioner got the pre-arrest bail in the instant case from the Court of sessions and when accused petitioner appeared before the honorable court the complainant and some unknown persons attacked on petitioner and his family again and there was great apprehension of death or grievous hurt to the accused petitioner hence, the petitioner got the admission in the foreign university and left Pakistan just save his life from these hardened and desperate Criminals. It is imperative to mention here that there are so many FIRs which had been registered against the complainant and his sons.
- That the Petitioner left Pakistan shortly, otherwise he would have murdered, after registration of the said FIR and is living and studying abroad since then. During his absence from the country his arrest warrants were issued and later he was declared a proclaimed offender and on the recommendations of Respondent no. 2 to 4 illegally and with mala fide intention his passport was black listed and INTERPOL issued his Red Notice. Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the Petitioner seeks removal of his Passport from blacklist so that he can travel and approach the competent court and surrender before it.
- That the petitioner was innocent and complainant in connivance with the local police illegally and with mala fide intention had implicated him in the case FIR No. 79/19 with ulterior motives and he was declared a proclaimed offender without due process of law and subsequently black listed his passport and issuance of red warrant were uncalled for.
- That the accused petitioner wanted to come back to Pakistan to face the trial but apprehended that he would be arrested at the airport. Furthermore, it is his fundamental right under Article 9 (right to life and liberty), Article 10A (right to fair trial) and Article 14 (right to dignity) of the Constitution to approach the court of competent jurisdiction to face the trail and to seek the pre-arrest bail in the interest of justice. However, due to his passport blockage, he is unable to travel to the homeland.
- That it is imperative to mention here that all the other accused persons are on bail in the subject case FIR no. 79/19 and two of them have already been discharged by the police under section 169 Crpc. And the Petitioner is also wanted to clear his stance and face the trial as per law.
- That the Pakistan’s Constitution of 1973 does not specifically mention the term ‘access to justice’ but it has always been considered as one of the basic constitutional values and a part of various enumerated fundamental rights. It is an integral part of rule of law.[1]
- In Miss Benazir Bhutto v. Federation of Pakistan and another (PLD 1988 SC 416) Muhammad Haleem, CJ. wrote:
“… ‘access to justice to all’ … is not only an internationally recognized human right but has also assumed constitutional importance as it provides a broad based remedy against the violation of human rights and also serves to promote socio-economic justice which is pivotal in advancing the national hopes and aspirations of the people permeating the Constitution and the basic values incorporated therein, one of which is social solidarity, i.e. national integration and social cohesion by creating an egalitarian society through a new legal order.”[2]
- That the accused petitioner is seeking the pre-arrest protective/transitory bail inter-alia on the following grounds.
GROUNDS:
a. That the Passport Act 1974 doesn’t contain any provision for Blacklisting the passport of any citizen. Therefore, the acts of the Respondents are illegal and void in the eye of law as it is the fundamental right of every citizen to travel within or abroad. It is imperative to mention here that a passport is a sine qua non (requirement) for traveling abroad or in his own country and not mere privilege. The said right cannot be syncopated without duly enacted law. Furthermore, Honorable Justice Tariq Saleem Sheikh at Lahore High Court Lahore, observed that The Passport Act 1974 did not contain any provision of blacklisting and struck down the para 51 of the Passport and Visa Manual 2006 which the Federal Government invokes to blacklist the citizens, hence, the act of the respondents is illegal and void and against the constitution of Islamic Republic of Pakistan, 1973.
b. That the petitioner would have murdered if he could not escape from the jurisdiction of Pakistan as the complainant and his sons along with some unknown persons attacked multiple times on the facilities of the petitioner and many grievous injuries and one murder have been committed even in front of Courts Main gate by the complainant and his sons whereby FIRs had been lodged in the P.S Saddar, Wazirabad. (Copies of FIRs are attached herewith)
c. That the accused petitioner falsely implicated by the complainant in connivance with the local police and no role has been attributed upon him in the case FIR No. 79/19. Furthermore, the cross version u/s 324, 337D, 337f, 148, 149 had already been registered against the complainant and after that they further attacked on the, real uncle and cousins of accused petitioner, committed offences in the premises of the Sessions Court and one of the petitioner’s cousin was died and other were severely injured due to the firing of the complainant and others whereby the FIR no. 487/20 u/s 7 Anti-Terrorism Act, 1997, 302, 324, 109, 34, 337f(iii) got registered against the culprits at P.S Saddar, Wazirabad dated 27/06/2020. Furthermore, another FIR no. 388/20 u/s 324, 148, 149 got registered against the complainant and co-accused persons.
(COPIES OF FIR NO. 487/20 AND 388/20 REGISTERED AGAINST THE COMPLAINANT, HIS SONS AND OTHERS ARE ANNEXED HEREWITH AS ANNEXURE B, B1)
d. That the accused petitioner is quite young and studying abroad and upon the recommendations of the respondent no. 2 to 4 his passport has been blacklisted by the respondent no. 5 and Interpol’s red notice has been issued without due process of law which may cause destruction of career of the accused petitioner. Therefore, the accused petitioner is willing to come back to Pakistan, to face the trial and investigation before the Learned Trial Court and authorities respectively and blockage of Passport is a hindrance which needs to be clear.
(COPIES OF RESULT CARDS AND ACKNOWLEDGEMENT CERTIFICATE ARE ANNEXED HERE WITH AS ANNEXURE D, D-1)
(COPY OF SPECIAL POWER OF ATTORNEY IS ANNEXED HEREWITH AS ANNEXURE “C”)
e. That all the other accused persons nominated in the FIR have already been admitted to bails and even two of them has already been discharged by the police. Furthermore, since the accused was guest in the marriage ceremony and falsely implicated his name in the subject FIR just to humiliate the petitioner.
f. That the accused petitioner would have died if he remained in Pakistan when that dispute occurred and FIR was lodged. Furthermore, the accused petitioner has never been involved in any criminal case and the father of the petitioner has already been died since many years and he is one of the bread winners of the family.
g. That there is an apprehension of the arrest of the petitioner at the airport which may cause the hindrance to get justice and apprehension of humiliation by the respondents and if the passport has not been removed from the blacklist, the accused petitioner shall suffer an irreparable loss.
h. That the Petitioner has no likelihood of absconding and wants to surrender before the Learned Trial Court and to join the inquiry and investigation in order to clear his stance.
i. That the Petitioner’s fundamental right under Article 10A has been also been breached. The Article states the following:
Right to fair trial- For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.
j. That the Petitioner’s fundamental Right under Article 10 A of the Constitution ensures that every person, for determination of his civil rights and obligations or in criminal charge against him, shall be entitled to fair trial and due process as one of the fundamental rights guaranteed under the Constitution. (PLD 2014 SC 232)
k. That Article 10A ensures that every person, for determination of his civil rights and obligations or in any criminal charge against him, shall be entitled to fair trial and due process as one of the fundamental rights guaranteed under the Constitution (PLD 2014 SC 232). Indeed, it is cornerstone of the administration of justice in the country that all people, whether innocent or guilty, are entitled to the due process of law and are to be deemed innocent until proven guilty after a fair trial. Article 10A of the Constitution has now codified this principle of due process in the form of a fundamental right (PLD 2012 SC 664). Rule of law and due process are fundamental to any civilized system of governance and more so in a democratic welfare State of Pakistan (2011 PLC (C.S.) 799).
l. Right of “access to justice to all” is a well-recognized inviolable right enshrined in Article 9 of the Constitution and is equally found in the doctrine of “due process of law”. Right includes the right to be treated according to law, the right to have a fair and proper trial and a right to have an impartial court or tribunal (2011 SCMR 408).
m. In Government of Balochistan through Additional Chief Secretary vs. Azizullah Memon and 16 others (PLD 1993 SC 341) the Hon’ble Supreme Court of Pakistan approvingly cited the following excerpt from Sharaf Faridi and 3 others vs. The Federation of Islamic Republic of Pakistan through Prime Minister of Pakistan and another (PLD 1989 Karachi 404) decided by 7-Member Bench of the Sindh High Court:
“The right of ‘access to justice to all’ is a well-recognized inviolable right enshrined in Article 9 of the Constitution. This right is equally found in the doctrine of ‘due process of law’. The right of access to justice includes the right to be treated according to law, the right to have a fair and proper trial and a right to have an impartial court or tribunal. This conclusion finds support from the observation of Willoughby in Constitution of the United States, Second Edition, Vol. II at page 1709 where the term ‘due process of law’ has been summarized as follows:
1) He shall have due notice of proceedings which affect his rights.
2) He shall be given reasonable opportunity to defend.
3) That the tribunal or court before which his rights are adjudicated is so constituted as to give reasonable assurance of his honesty and impartiality, and 4) That it is a court of competent jurisdiction.”
n. In Aftab Shahban Mirani vs President of Pakistan and others (1998 SCMR 1863) the apex Court once again cited the above passage and added:
“The above extract indicates what are the basic requirements of the doctrine of ‘due process of law’ which is enshrined inter alia in Article 4 of our Constitution. It is intrinsically linked with the right to have access to justice which this Court has held inter alia in the above report as a fundamental right. This right inter alia includes the right to have a fair and proper trial and a right to have an impartial Court or Tribunal. A person cannot be said to have been given a fair and proper trial unless he is provided a reasonable opportunity to defend the allegation made against him.”
o. In a case namely Riaz-ul-Haq and another vs. Federation of Pakistan through Ministry of Law and others cited as (PLD 2013 SC 501) the apex Court held:
“It is to be noted that the right of ‘access to justice to all’ is a well-recognized inviolable right enshrined in Article 9 of the Constitution and is equally found in the doctrine of ‘due process of law’. It includes the right to be treated according to law, the right to have a fair and proper trial and a right to have an impartial court or tribunal.”[3]
p. That it should be mentioned that Natural justice is an ingredient of Article 10A. Every action of the State or an agency or instrumentality of the State must be reasonable. Natural justice is another name for common-sense justice and these rules are not codified canons. But they are principles ingrained into the conscience of man. Natural justice is the administration of justice in a common-sense liberal way. Justice is based substantially on natural ideals and human values (2005 6 SCC 321). The concept of natural justice has undergone a great deal of change in recent years. In the past it was thought that it included just two rules, namely (1) no one shall be judge in his own cause, and (2) no decision shall be given against a party without affording him a reasonable hearing. Very soon thereafter a third rule was envisaged and that is that quasi-judicial inquires must be held in good faith, without bias and not arbitrarily or unreasonably. But in the course of years many more subsidiary rules came to be added to the rules of natural justice (AIR 1970 SC 150).
q. That if the passport of Petitioner remained blacklisted he would be unable to travel towards Pakistan in order to clear his stance and he will not be able to defend himself properly and he shall suffer an irreparable loss which cannot be measured.
r. That other ground may be argued at the time of hearing of this Writ Petition.
PRAYER
It is, therefore, most respectfully prayed that this Honorable Court may be pleased to direct the respondents to remove the passport of the petitioner from the blacklist and declare the status of the passport as active to make the travel of petitioner free from hindrance, in the interest of fair justice.
Any other relief, which this Honorable Court deems fit and appropriate, may kindly be granted.
Petitioner
Through Special Attorney
Through
ASADULLAH HASSAN HASHMI
ADVOCATE HIGH COURT
LLM-ITL(Medalist)
CC#78128
Certificate : As per instructions received from the client, this is first writ petition on the subject, filed on behalf of the Petitioner before this Honorable Court. No other litigation on the subject matter is either has been decided by or pending before this honorable court or any other competent court of law.
Counsel
BEFORE THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. Petition No. /2022
______________ S/O _________
R/O _____________________,
District Wazirabad
Through his Special Attorney Manzar Abbas S/O Ameer Ali
PETITIONER/ACCUSED
VERSUS
- The State etc.
…RESPONDENTS
WRIT PETITION UNDER ARTICLE 199 OF THE ISLAMIC REPUBLIC OF PAKISTAN
AFFIDAVIT
I, __________ S/O ________, Resident of Wazirabad, through special attorney do hereby solemnly affirm and declare that whatever stated above is true and correct to the best of my knowledge and belief and nothing has been concealed therein.
DEPONENT
VERIFICATION
Verified on oath on this day________of December 2022 that the contents of the said affidavit are true and correct to my knowledge and belief.
…DEPONENT
BEFORE THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. Petition No. /2022
_______________ S/O ____________
R/O ___________-pura,
District Wazirabad
Through his Special Attorney Manzar Abbas S/O Ameer Ali
PETITIONER/ACCUSED
VERSUS
- The State
- Ministry of Interior, through its Secretory
Ministry of interior, R-Block, Pak Secretariat
Constitution Avenue, Red Zone, Islamabad
- G, Punjab Through
SHO, P.S Saddar, Wazirabad
- Director General, FIA
FIA, Headquarter G-9/4 Islamabad
- Director General, (I&P), Immigration & Passport (HQ), Islamabad
…RESPONDENTS
WRIT PETITION UNDER ARTICLE 199 OF THE ISLAMIC REPUBLIC OF PAKISTAN
APPLICATION FOR EXEMPTION FROM FILING THE CERTIFIED COPIES OF DOCUMENTS
Respectfully Sheweth:
- That the applicant has filed the above-titled Writ Petition along with annexures as certified copies thereof are not available to the applicant.
- That the applicant undertakes that either attested or certified copies of the attached documents would be presented before the Honorable High Court at the subsequent stage.
PRAYER
Therefore, it is very humbly prayed that the applicant may kindly be exempted from filing the certified copies of the documents attached here with the Petition.
Applicant
Through
ASADULLAH HASSAN HASHMI
ADVOCATE HIGH COURT
LLM-ITL(Medalist)
CC#78128
Certificate
As per instructions received from the client, this is first Writ Petition on the subject, filed on behalf of the Applicant before this Honorable Court. No other litigation on the subject matter is either has been decided by or pending before this honorable court or any other competent court of law.
Counsel
BEFORE THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. Petition No. /2022
__________ S/O _________
R/O Dak-khana khas, Ismael-pura,
District Wazirabad
Through his Special Attorney Manzar Abbas S/O Ameer Ali
PETITIONER/ACCUSED
VERSUS
- The State ETC.
RESPONDENTS
WRIT PETITION UNDER ARTICLE 199 OF THE ISLAMIC REPUBLIC OF PAKISTAN
APPLICATION FOR EXEMPTION FROM FILING THE CERTIFIED COPIES OF DOCUMENTS
AFFIDAVIT
I, __________ S/O ______, through his Special Attorney Islamabad Muslim Adult, as deponent solemnly affirm and declare that I have filed this Writ Petition before the Honorable High Court Islamabad, the contents thereof are true and correct to the best of my knowledge and belief and nothing material has been concealed or withheld from this Honorable Court.
DEPONENT
VERIFICATION
Verified on oath on this day of _________ December 2022 that the contents of the said affidavit are true and correct to my knowledge and belief.
DEPONENT
BEFORE THE HONORABLE ISLAMABAD HIGH COURT, ISLAMABAD
W.P. Petition No. /2022
___________ S/O ________
R/O _________________,
District Wazirabad
Through his Special Attorney ______ S/O Ameer Ali
PETITIONER/ACCUSED
VERSUS
- The State
- Ministry of Interior, through its Secretory Ministry of interior, R-Block, Pak Secretariat Constitution Avenue, Red Zone, Islamabad
- G, Punjab Through SHO, P.S Saddar, Wazirabad
- Director General, FIA
FIA, Headquarter G-9/4 Islamabad
- Director General, (I&P), Immigration & Passport (HQ), Islamabad
RESPONDENTS
WRIT PETITION UNDER ARTICLE 199 OF THE ISLAMIC REPUBLIC OF PAKISTAN
INDEX
| Sr. No. | Detail | Date | Annexure | Page |
| 1. | Writ Petition for Protective Bail along with affidavit | |||
| 2 | Copy of Case FIR No. 79/19 and Cross Version Proof | A, A-1 | ||
| 3 | Copies of FIRs No. 487/20 & FIR No. 388/20 | B, B1 | ||
| 4 | Copy of Special Power Attorney | C | ||
| 5 | Copies of Result cards and acknowledgment certificate | D, D-1 | ||
| 6 | Application for Exemption from filing Certified Copies along with affidavit | E | ||
| 7 | POWER OF ATTORNEY |
Through
ASADULLAH HASSAN HASHMI
Advocate High Court
LLM-ITL (Medalist)
Email: asad.legalworld@gmail.com
Cell 0332-7516974
Date_____/_____/ 2022 C.C # 78128
[1] Al-Jehad Trust through Raeesul Mujahideen Habib-ul-Wahab-ul-Khairi and others (PLD 1996 SC 324); Khan Asfandyar Wali and others v. Federation of Pakistan through Cabinet Division, Islamabad and others (PLD 2001 SC 607); Watan Party and others vs Federation of Pakistan and others (PLD 2012 SC 292); and Sh. Riaz-ul-Haq and another v. Federation of Pakistan through Ministry of Law and others (PLD 2013 SC 501)
[2] These observations were approvingly cited in Sh. Riaz-ul-Haq and another v. Federation of Pakistan through Ministry of Law and others (PLD 2013 SC 501)
[3] These observations were reaffirmed in Justice Qazi Faez Isa and others vs. The President of Pakistan and others (PLD 2021 SC 1) at p. 85
