LHC seeks reply on Maryam's passport plea to perform Umrah

PML-N leader implores freedom of movement guaranteed by Constitution, condition imposed tantamount to deprivation

LAHORE:

A division bench of the Lahore High Court (LHC), headed by Justice Ali Baqar Najafi, issued a notice on Monday to concerned quarters seeking a reply by April 26 on the plea filed by Pakistan Muslim League-Nawaz (PML-N) Vice President Maryam Nawaz, for the return of her passport to perform Umrah.

Earlier, another division bench headed by Justice Syed Shahbaz Ali Rizvi had denied hearing the petition filed by the PML-N leader, remarking that the petitioner should seek a response from the court that had granted her bail.

The petition was subsequently forwarded to the LHC chief justice who sent the petition to the Justice Najafi-led bench.

Maryam Nawaz had requested the high court to pass direction to the deputy registrar and return her passport, which was surrendered before him complying with the LHC’s order on October 31, 2019. The petitioner had been granted bail and was required to submit her passport before the authority.

'Freedom of movement a fundamental right'

In her plea, the PML-N leader implored that freedom of movement was a fundamental right guaranteed by the Constitution, adding, that the condition imposed through the order was tantamount to the deprivation of her rights.

“There is settled law that mere registration of a case or institution of criminal proceedings does not automatically imply that the accused should be disallowed to move outside Pakistan,” she said, adding that registration of a criminal case would not be a ground for depriving a citizen of the exercise of his or her constitutional right.

Read Maryam petitions LHC for permission to fly abroad

“The condition as to surrender of a passport is alien to statutory requirements to enlarge an accused on bail, had it been the intention of the legislature then it would have made the corresponding provisions in the Code of Criminal Procedure 1898 or any other special enactments for the trial of offences.”

Maryam stated that even otherwise NAO 1999 does not contain any provision restricting an accused’s right to travel abroad unlike other special laws, such as, the Anti-Terrorism Act 1997 or the Ordinance IX of 1984.

Shedding light on her case, the PML-N leader implored that as per the report submitted by the prosecution at that time in the instant case, a suspicious transaction report (STR) was forwarded to the National Accountability Bureau (NAB) chairman on January 12, 2018 - consequently, an inquiry was initiated against her on November 14, 2018.

Consequently, the petitioner was arrested in the aforementioned inquiry on August 8, 2019, and remained on physical remand with the investigation agency for 48 days. Then the petitioner was granted a post-arrest bail on October 31, 2019. She contended that since the inquiry started against her, no reference has been filed before any court by the prosecution against her.