LAHORE:
The Lahore High Court has ruled that anyone who is disembarked from a flight or otherwise prevented from traveling abroad must be given written reasons at the time of taking such action, stating that the requirement is a substantive legal safeguard and not a mere procedural formality.
In a two-page interim order, Justice Ali Zia Bajwa, presiding over the LHC Multan Court, held that providing reasons in writing is essential to ensure transparency, accountability and the right of an individual to seek legal redress.
It warned that failure to provide such reasons not only violates the principles of natural justice and due process but also amounts to an infringement of the constitutionally guaranteed right to freedom of movement.
The court made it clear that travel restrictions, particularly when a passenger possesses valid travel documents, cannot be imposed arbitrarily and must strictly comply with the law. He stressed that any action that limits personal freedom must have a clear legal basis.
The observations were made during the hearing of a petition challenging the last-minute unloading of a passenger.
During the hearing, the court questioned the reasons for the petitioner’s dismissal. In response, the law enforcement officer informed the court that there were no written reasons available on the record.
The court ordered that the petitioner be provided with written reasons for his dismissal well before the next hearing date.
The court further ruled that anyone who is discharged or prevented from traveling abroad must be given written reasons at the time such action is taken.
He clarified that this requirement is not a mere procedural formality but a substantive safeguard to ensure transparency, accountability and the right of the individual to seek legal redress.
The court observed that failure to provide reasons in writing not only violates the principles of natural justice and due process but also amounts to an infringement of the constitutionally guaranteed right to freedom of movement.
The matter was ordered to be taken up on the next hearing date, with instructions for the relevant authorities to continue assisting the court.
