LAHORE: The Superior Court of Lahore has ruled that the rights of freedom of movement and religion are fundamental, but not absolute and can be legally restricted under specific circumstances.
Judge Tariq Salem Sheikh observed that the International Human Rights Law recognizes these rights, but also establishes permissible limitations to guarantee public order, security, health and protection of the rights of others.
The judge made these observations by dismissing a petition for the cancellation of a signed registered against eight people forbidden to travel to Saudi Arabia by immigration officials at the Finery Airport, under suspicion of participating in a begging organized in the Gulf countries.
On July 20, 2024, the change in change in Immigration FIA, the Fullan Airport, presented a report on eight passengers traveling to Saudi Arabia through Muscat, who raised suspicions during immigration detection.
He says that the rights of freedom of movement and religion are fundamental, but not absolute.
After additional investigation, it was discovered that passengers lacked sufficient financial resources and had not confirmed return tickets or mandatory hotel reservations and were not familiar with the requirements of performing UMRAH.
During luggage searches, the authorities confiscated 900 boxes of cigarettes and 70 boxes of nicotine bags.
The passengers were downloaded and an additional interrogation revealed that they were all relatives.
A passenger, namely, Sadiq Hussain had motivated others to travel to Saudi Arabia to beg. Sadiq and their associates charged RS160,000 to RS170,000 for each hotel without hotel reservations and received RS70,000 to RS100,000 as an early payment of them.
The remaining balance had to be paid after the passengers dedicated themselves to begging in Saudi Arabia, the investigation revealed.
Consequently, the FIA registered a FIR under sections 3 and 4 of the Personal Traffic Prevention Law, 2018 (PTPA), Section 22 of the Emigration Ordinance, 1979 and Section 109 of the Criminal Code of Pakistan (PPC).
The passengers presented the petition before the Superior Court that sought the cancellation of the FIR Religion, including the right to perform Umrah.
An deputy attorney general opposed the petition, saying that during the last months, the complaints had emerged from several countries, particularly Saudi Arabia, Iraq, United Arab Emirates and Malaysia, that Pakistani citizens go there and get involved in begging.
He said that all passengers traveling abroad are interviewed in immigration counters at airports.
He said that special attention is paid to those who travel to Saudi Arabia who must undergo a projection and comprehensive profiles to verify their eligibility and authenticity as pilgrims or visitors to Umrah.
As part of this process, Umrah pilgrims must demonstrate the possession of sufficient Saudi Riyales to cover their expenses.
In his opinion, Judge Sheikh observed that begging is a complex social problem often rooted in poverty, lack of opportunities and systemic inequalities.
The judge said the investigating officer reported that during the investigation, the FIA collected evidence that the petitioners were usually committed to sending innocent people abroad under the pretext of Umrah’s visas and exploiting them for begging.
He noted that the right to travel, either nationally or internationally, can be restricted for reasons such as national security, public health concerns or criminal justice requirements.
Similarly, he said, the right to practice the religion of one, although protected, can be limited when it raises risks to public safety, morality or violates the rights of others.
Judge Sheikh ruled that the FIA immigration official was justified in the discharge of the eight passengers, since his action aimed to protect the public interest and guarantee the fulfillment of international obligations.
With these observations, the judge dismissed the petition by saying that there is no reasons to cancel the FIR.
Posted in Dawn, February 6, 2025
