Case Title:
Sheikh Shan Ilahi vs Federation of Pakistan
Case Citation:
2023 PLD 359
Court:
Lahore High Court-Lahore
Parties:
- Sheikh Shan Ilahi (Petitioner)
- Federation of Pakistan (Respondent)
Judges:
The Supreme Court bench consisted of several judges, including:
- Justice Tariq Saleem Sheikh
Facts of the Case:
Asif Iqbal, who is respondent, lodged FIR against Sheikh Shan Ilahi and his brother, who were accused of fraud for taking money from Respondent to send him abroad, but they didn’t do so. FIA investigated and found Irfan Ilahi and the petitioner innocent, but the respondent not being satisfied with the investigation, filed a private complaint and Shan Ilahi, and his brother were declared proclaimed offenders as they left Pakistan. FIA blacklisted them based on the court order. Sheikh Shan Ilahi’s brother returned to Pakistan, faced trial, and got his name removed from the blacklist. Sheikh Shan Ilahi is still abroad and cannot renew his passport due to the blacklist.
Issues:
The main issues in the case included:
- Distinguish between rights that are absolute and others which are subject to law or other reasonable restrictions.
- Whether the right to travel abroad corresponds with Article 4 and Article 9 of the Constitution?
Court Held:
The Court held that the right to travel and to go abroad is an integral part of the fundamental rights to life and liberty and can be restricted only under a law made in the public interest. A restriction would be reasonable only if it is “right and just and fair” and not arbitrary, fanciful or oppressive. The august Supreme Court held that under Article 15 of the Constitution, a citizen of Pakistan cannot be stopped from entering the country.
The right to travel is part of human liberty as travel signifies freedom and liberty. Therefore, the right to travel outside the country is a fundamental right and an intrinsic part of the right to liberty which is guaranteed under Article 9 of our Constitution. The right to education, the right to livelihood and the right to carry out a lawful profession are incomplete without having access to and the right to travel to any part of the world and in particular to the educational or business centres of the world. To me the right to travel, especially international travel, besides being right to liberty is also an integral part of the right to life or right to a meaningful, challenging, satisfying and purposeful life. Therefore, I hold the right to international travel to be a right to life in addition to right to liberty.
In view of the above, this petition was accepted. The blacklisting of the Petitioner was declared to be without lawful authority and of no legal effect.