1231/2024 Const. P. Nizar Ali Fazwani (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

Sindh High Court2025

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

1231/2024 Const. P. Nizar Ali Fazwani (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 26-MAR-25

Coming to the case in hand, it appears that the Ayyan Ali case supra establishes that mere criminal involvement does not justify ECL placement, which confirms that citizens have a fundamental right to liberty under Article 9, which, combined with Articles 4 and 15, includes the right to travel, unless restricted by a law enacted in the public interest. Numerous judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name on the ECL based on the criminal case are inconsistent with established legal principles. Consequently, this petition must be allowed

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1231/2024 Const. P. Nizar Ali Fazwani (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

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