LAHORE:
The Lahore High Court has ruled that anyone disembarked from a flight or prevented from traveling abroad must be provided with written reasons at the time such action is taken, stating that the requirement constitutes a substantial legal guarantee rather than a mere procedural formality.
In a two-page interim order, Justice Ali Zia Bajwa, presiding over the Multan court of the LHC, held that providing written reasons was essential to ensure transparency, accountability and an individual’s right to seek redress.
He warned that failure to provide such reasons not only violates the principles of natural justice and due process, but also amounts to a violation of the right to freedom of movement guaranteed by the Constitution.
The court made it clear that travel restrictions, especially when a passenger holds valid travel documents, cannot be imposed arbitrarily and must be strictly in accordance with the law. He stressed that any measure restricting individual freedom must have a clear legal basis.
The observations were made during the hearing of a petition challenging the offloading of a passenger at the eleventh hour.
During the hearing, the court questioned the reasons for the applicant’s load shedding. In response, the lawyer informed the court that no written reasons were available on record.
The court ordered that the petitioner be provided with written reasons for his dismissal well before the next court date.
The court further ruled that anyone disembarked 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 substantial safeguard to ensure transparency, accountability and the individual’s right to seek legal redress.
The court observed that failure to provide written reasons not only violates the principles of natural justice and due process but also amounts to violation of the right to freedom of movement, guaranteed by the Constitution.
The matter was ordered to be taken up on the next date of hearing, with directions to the relevant authorities to further assist the court.
