LAHORE: The Lahore High Court has ruled that the rights of freedom of movement and religion are fundamental, but not absolute and can be legally limited in certain circumstances.
Justice Tariq Saleem Sheikh observed that the international human rights law recognizes these rights but also determines legitimate limits to ensure public discipline, safety, health and the protection of the rights of others.
The judge rejected these observations, rejecting these observations, rejecting these observations for the elimination of an FIR registered against eight persons from Saudi Arabia on suspicion of being involved in a systematic begging in the Gulf countries. Reject
On July 20, 2024, a shift charge at the FIA ​​immigration of Multan Airport presented a report on eight passengers traveling to Saudi Arabia via Muscat, who raised doubts during immigration screening.
The rights of movement and freedom of religion are fundamental, but not absolute
After further inquiry, it was discovered that the passengers lacked enough financial resources and did not confirm the return tickets or the mandatory hotel booking and they were unaware of the requirements of performing Umrah.
While searching for the goods, authorities seized 900 cigarette boxes and 70 boxes of nicotine pouches.
Passengers were offloaded and further investigations revealed that they were all relatives.
A passenger, Sadiq Hussein, encouraged others to travel to Saudi Arabia to beg. Sadiq and his colleagues received Rs 160,000 to Rs 170,000 for each visa without a reservation of the hotel and received Rs.
The investigation revealed that the rest of the balance was to be played after being begging in Saudi Arabia.
As a result, the FIA ​​lodged an FIR under Section 3 and 4 to prevent collective Ink Act, 2018 (PTPA) Prevention, Immigration Ordinance, Section 22 of 1979, and Pakistan Praisitional. Section 109 of the Code (PPC).
Passengers filed a petition before the High Court seeking the cancellation of the FIR, and requested that the actions of the authorities violate their fundamental rights through the constitution, especially Article 15 and 20, which travel. Protect the freedom to practice truth and religion, including freedom to practice religion. The right to perform Umrah.
A deputy attorney general opposed the request, saying that in recent months, complaints from various countries, especially Saudi Arabia, Iraq, the United Arab Emirates and Malaysia, have increased that Pakistani citizens are busy going there and begging.
He said that all passengers traveling abroad at immigration counters at airports are interviewed.
He said that special attention was being paid to the travelers traveling to Saudi Arabia who would have to do a comprehensive screening and profiling to confirm their qualification and authenticity as Umrah pilgrims or pilgrims.
As part of this process, Umrah pilgrims need to show enough Saudi riyals to meet their expenses.
In his judgment, Justice Sheikh observed that Bagri is a complex social issue that is often caused by poverty, lack of opportunities and systematic inequality.
The judge noted that the investigating officer informed that during the interrogation, the FIA ​​collected evidence that the applicants were abroad for innocent people to exploit Umrah visas and beg them. I was busy sending.
He observed that the right to travel, whether domestic or internationally, can be banned for reasons such as national security, public health concerns, or criminal justice needs.
Similarly, he said, the right to practice one’s religion, while being safe, can be limited when it is threatened to violate the rights of others, when it is safe.
Justice Sheikh ruled that the FIA ​​immigration official was justified in offloading eight passengers because the purpose of its action was to protect the public interest and ensure compliance with international responsibilities.
With these observations, the judge rejected the request, saying that there was no basis for termination of the FIR.
Dawn, appeared on February 6, 2025
