Overview
- An LHC division bench comprising Justices Jawad Hassan and Tariq Mehmood Bajwa set aside a single-bench order that had allowed Sheikh Rashid to travel for Umrah.
- The court held that only the Anti-Terrorism Court hearing his case may regulate his passport and decide foreign travel under Section 28-A of the Anti-Terrorism Act.
- Accepting the federal government’s intra-court appeal, the bench directed that the Rawalpindi ATC hear and decide the travel request according to law.
- The judgment said the earlier permission was illegal because it rested on an unauthorized concession by a law officer, and it reaffirmed that such statements cannot override statutory requirements.
- The court emphasized that freedom of movement under Article 15 is subject to reasonable legal limits tied to ongoing proceedings and noted Rashid’s application will be treated as pending before the ATC for a merits decision.