MULTAN: Lahore High Court (Multan Bench) Justice Ali Zia Bajwa has told the Federal Investigation Agency (FIA) and other authorities that if any person is to be offloaded or prevented from travelling, written reasons should be provided at the time of action, the petitioner’s counsel said.
Justice Bajwa made this observation in his order while hearing a petition of Shehryar Qandeel. The petitioner had filed the petition against the FIA (Immigration), Ministry of Foreign Affairs and other authorities for offloading him from a flight despite having valid and complete travel documents.
In the order, the judge said, “This court has to convince the FIA and all authorities that the exercise of powers that deprive an individual of his fundamental rights should find a strong and unambiguous basis in the law.”
He said no administrative discretion could justify restricting the freedom of citizens unless “it is in accordance with a clear legal provision or legal mandate”. He said the rule of law required that no person should be deprived of the right to travel, move freely, or leave the country except in accordance with due process and fair procedure.
During the proceedings, law and FIA officials sought additional time to identify legal provisions or rules that empower them to stop passengers at the “eleventh hour”.
The judge expressed concern after learning from the law officer that no written reasons for offloading the petitioner were available on record.
The judge said that “failure to provide such reasons is not only a violation of the principles of natural justice and due process but also a violation of the constitutional guarantee of the right to freedom of movement”.
