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 allowedFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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