The Lahore High Court’s Rawalpindi Bench has overturned a previous single bench ruling that had permitted Sheikh Rashid Ahmed to travel to Saudi Arabia for performing Umrah. This development came after the federal government filed an intra-court appeal challenging the earlier decision. The division bench, composed of Justice Jawad Hassan and Justice Tariq Mahmood Bajwa, issued a comprehensive 23-page judgment declaring the initial order invalid and without legal standing.
The bench had reserved its verdict last week after hearing detailed arguments from both Sheikh Rashid’s legal team and representatives of the federal government. The court’s decision emphasizes the legal framework governing the travel of accused individuals, particularly under the provisions of the Anti-Terrorism Act. It highlighted that the authority to regulate passports and grant or deny international travel permissions in such cases lies exclusively with the Anti-Terrorism Court (ATC), as stipulated under Section 28A of the Act.
In light of these legal provisions, the division bench directed the Anti-Terrorism Court to conduct a fresh hearing on Sheikh Rashid’s application for travel. The ATC has been instructed to reassess the matter thoroughly, considering all relevant legal aspects and the interests of justice, before making any decision. This effectively sends the case back to the special court for reconsideration, ensuring that the process adheres strictly to the law.
Sheikh Rashid Ahmed had initially sought permission to undertake Umrah, a religious pilgrimage to Saudi Arabia, which is considered a significant spiritual journey for Muslims. However, his request faced complications due to his name being placed on the Provisional National Identification List (PNIL) in connection with the ongoing investigation into the GHQ attack case. The inclusion on this list restricts travel and other privileges until the legal matters are resolved.
This ruling underscores the judiciary’s cautious approach in balancing individual rights with national security concerns, especially in sensitive cases involving terrorism-related allegations. The Anti-Terrorism Court’s role in overseeing such matters is reaffirmed, highlighting the importance of following due process before granting travel permissions to accused persons. As the case returns to the ATC, all eyes will be on how the court navigates the legal complexities surrounding Sheikh Rashid’s application and the broader implications for similar cases in the future.
