Lahore: Lahore High Court (LHC) has maintained that a citizen cannot be stopped from travelling abroad on the basis of apprehensions or vague reasons.
LHC has issued guidelines to FIA with reference to off loading passengers travelling abroad.
The court declared null and void the FIA step for stopping the citizen from going to Nigeria.
According to decision the petitioner challenged the step of off loading him despite having all documents with him.
The petitioner said he was off loaded despite immigration clearance and issuance of boarding card to him.
According to the petitioner FIA stopped him from travelling abroad on the apprehension that he may not return from Dubai. The petitioner was not included in any case, black list or ECL. The petitioner had to face financial loss, mental torture and defamation.
The court maintained travelling abroad is basic right under the constitution. FIA have powers but they are not limitless. Recording the reasons is not formality but is legal requirement. The administrative powers should be used in transparent and equitable manner and as per law.
According to decision explanation by brother of the citizen for going to Nigeria was not unreasonable. FIA did not record any just reason for rejecting the explanation of the passenger. The aggrieved citizen if wants can resort to proper forum for damage amount.
The court declared illegal the act of off loading a citizen who is possessing correct, visa ticket and travelling documents.
The court declared null and void FIA step for stopping the citizen from travelling to Nigeria.
Justice Rahil Kamran issued 9-page written decision on the plea of citizen Muhammad Abbass.
LHC issued guidelines to FIA with regard to off loading the passengers travelling abroad.
The officers will have to write detailed and meaningful reasons while off loading any citizen. The questions asked from the passengers and answers given by them be also recorded.
According to decision where it is possible interview or talks be kept safe on electronic basis. Off loading order or copy of Performa be given to aggrieved passenger. Citizen cannot be stopped from travelling abroad merely on the basis of apprehensions or vague reasons.