Lahore: Lahore High Court (LHC) has made it binding on concerned authorities to provide written reasons to the citizen immediately at the time of offloading from plane.
The order was issued by Justice Ali Zia Bajwa on the petition filed by citizen Chaudhry Shehryar Qandeel.
The court made it clear how much administrative discretion be wide , it cannot provide justification to curtail a citizen's constitutional right to liberty and freedom of movement.
The court maintained it in the decision if the passenger has complete travelling documents then he cannot be deprived of travelling without pursuing proper legal proceedings.
The provision of immediate written reasons is not merely a formality but a fundamental safeguard, allowing the citizen access to legal remedy and the ability to challenge the decision
The court wrote in its decision FIA officers have sought time for assistance so that it could be made clear passengers are off loaded immediately before departure under what clauses.
The court directed law officers to present such legal clauses before it which authorize to adopt such steps as no written reasons were initially available on record for the petitioner's case.
Justice Ali Zia Bajwa made it clear the state will have to show its clear legal powers wherever it wants to impose restriction on freedom of movement of any citizen. Restraining any citizen from travelling abroad on the basis of only administrative decision is tantamount to violate the right of freedom of movement enshrined in the constitution.
The law officer told the court during hearing no written reasons are on the record for off loading the petitioner from plane. However written reasons will be provided to him.
The court maintained it is incumbent to provide written reasons at the time of off loading any citizen from plane.
The provision of immediate written reasons is not merely a formality but a fundamental safeguard, allowing the citizen access to legal remedy and the ability to challenge the decision
The court said further in the decision that violation of norms of proper legal proceedings will be considered blatant violation of freedom of movement laid down in the constitution.