The petitioner is settled in the U.K. Originally he belongs to village and post office Mandhar Tehsil Gujar Khan, District Rawalpindi. He was granted British Nationality vide No, M 285164 dated, 26.3.1973 and also holds British Passport. He has been visiting Pakistan at several occasions for temporary stay.
2. This time the petitioner came to Pakistan after obtaining visa from the Consulate of Pakistan, Bradford vide visa No, 16348 dated 23.10.2003.
3. According to the learned counsel for the petitioner, the petitioner was leaving Pakistan on 20th November, 2004 from Islamabad Airport but Iftikhar Ahmad Abbasi, Inspector FIA stopped him and also demanded from him illegal gratification of 1000 British Sterling Pounds. Thereafter FIA officials registered FIR No, 958 dated 30.12.2004 under Section 17 of the Emigration Ordinance, 1979. The learned counsel for the petitioner contends that the registration of the said FIR is based on mala fide and ulterior motives. For the above reasons, he seeks quashment of FIR No, 958.
4. The learned standing counsel was directed to call the respondents who have .appeared today in the Court. They contend that the passport of the petitioner created some doubts and for the same reason he was not allowed to leave Pakistan. The petitioner was asked to produce original documents to support his version which he failed. They also submitted that they do not nurse any grudge against the petitioner and they only acted in the honest discharge of their official functions.
5.After hearing the petitioner's learned counsel and the learned standing counsel. I have gone through myself the contents of the FIR and other documents produced by the parties. The said FIR has been registered at the instance of Iftikhar Ahmad Abbasi, Inspector, FI A, Emigration Airport, Islamabad by Shahid Pervez Akbar, Inspector FIA, Passport Cell Rawalpindi. According to the contents of the FIR during the clearance of passengers, on 20.11.2004, the petitioner presented his British Passport and other travel documents for clearance at the counter; his passport was found doubtful. The petitioner was off-loaded and for the purpose of verification of his passport, he was sent to the Passport Cell. The FIR further reveals that information received from British High Commission, Islamabad vide letter dated ?9.11.2004, showed that the passport was tampered, hence the FIR was registered on 30.12.2004, by Shahid Pervez Akbar,. Inspector, FIA, Rawalpindi.
6. The said FIR has been registered under Section 17 of the Emigration Ordinance, 1979. The said Section is attracted against, whoever "emigrates" or "departs" or attempts to "emigrate" or "depart" in violation of the provisions of the Ordinance. Section 2(d) and (f) defines "depart" and "emigrate".
A person "departs" in terms of the Emigration Ordinance when he is departing for the purpose of employment or self-employment by any means. Similarly a person "emigrates" in terms of the Emigration Ordinance 1979, when he is leaving Pakistan by sea, air or land for the purpose or with the intention of working for hire or engaging in any trade, profession or calling in any country beyond the limits of Pakistan. Prima facie the above two ingredients of Section 17 do not exist in the contents of the instant FIR. Tempering of a passport is not included in the definition of Depart or Emigrate. When the attention of the learned standing counsel was drawn to this effect he frankly conceded the point and made a statement that in the facts of the instant FIR, Section 17 was not attracted. The story of the present petitioner is very unfortunate and it does not end here.
7. Section 27 of the Emigration Ordinance 1979 provides that nothing in this Ordinance shall be deemed to apply to the departure of a person:-- "(viii) who is already settled or employed in a foreign country and is on a temporary visit to Pakistan."
This provision shows that the Emigration Ordinance, 1979 as a whole is not applicable to the case of the present petitioner as he is already settled in the U.K. and was visiting Pakistan temporarily.
8. The acts of the said two inspectors i,e, Iftikhar Ahmad Abbasi and Shahid Pervez Akbar, Respondents Nos, 2 and 3 are not appreciated and approved. They have acted abhorrently. The Constitution of Pakistan, guarantees inalienable rights of life, property, reputation and to be protected by law and not to be prevented from doing which is not prohibited by law, under Article 4 of the Constitution. Article 14 confers inviolable right of dignity. Similarly Article 15 of the Constitution guarantees right to enter and leave Pakistan. Article 5 of the Constitution demands obedience to the Constitution and laws of Pakistan from all. The people of Pakistan look forward adherence to the Constitution and law more intensely from the people placed at higher pedestal but the said two officials proved on the 'contrary. They have failed to act in good faith, instead, they acted malafidely, as it is apparent, for reasons discussed hereinabove. Therefore, not covered by Section 25 of the Ordinance.
9. The D.G., F.I.A. must note that incident like subject of this petition are appearing everyday at Islamabad Airport. The people of this area are being constantly harassed and looted by his officials. The Director General, FIA is directed to look into the conduct of Respondents Nos, 2 and 3, personally and see if a case can be registered against them under $ections 167 and 193 PPC or any other provision of the law at an appropriate forum. He may also consider to hold departmental inquiry against them. The Director General FM will submit his report in 4 weeks from today to this Court through the Additional Registrar, Lahore High Court, Rawalpindi 'Bench, Rawalpindi.
10.The petitioner may also move to the proper Court for institution of suit for the damages. In this context, he may seek further guidance from, Syea Ghayyur Hussain Shah vs. Gharib Alam, PLD 1990 Lahore 432, paras 26 and 27.
11. In view of the above discussion and statements of the learned standing counsel and the respondents who appeared in the Court, this writ petition is accepted and FIR No, 958 dated 30.12.2004, registered under Section 17 of the Emigration Ordinance, 1979 is hereby quashed and declared without lawful authority and of no legal effect.
12. Office is directed to send a copy of this order to Director General, F.I.A. Islamabad.