The Lahore High Court’s Rawalpindi Bench has overturned a previous decision that had permitted Sheikh Rashid Ahmed to travel abroad for Umrah. The federal government’s intra-court appeal was accepted by a division bench, which nullified the earlier single bench ruling that had granted the former interior minister permission to visit Saudi Arabia. This development marks a significant judicial intervention in a high-profile case linked to national security concerns.
Delivering a comprehensive 23-page judgment, the division bench, consisting of Justice Jawad Hassan and Justice Tariq Mahmood Bajwa, declared the earlier order invalid and without legal effect. The bench had reserved its verdict last week after hearing detailed arguments from both the federal government and Sheikh Rashid’s legal team. The decision underscores the judiciary’s careful scrutiny of travel permissions in sensitive cases involving accusations of terrorism-related offenses.
Central to the court’s ruling was the interpretation of Section 28A of the Anti-Terrorism Act, which vests the Anti-Terrorism Court (ATC) with exclusive authority to regulate the passports of accused individuals and decide on their international travel requests. The division bench emphasized that only the ATC has the jurisdiction to grant or deny such permissions, thereby setting aside the single bench’s earlier decision that bypassed this legal requirement.
In light of these findings, the Lahore High Court directed the Anti-Terrorism Court to conduct a fresh hearing on Sheikh Rashid’s application for overseas travel. The ATC has been instructed to carefully consider all legal aspects and hear all parties involved before reaching a decision in accordance with the law. This remand effectively returns the matter to the special court that originally handled the case, ensuring that procedural norms are strictly followed.
Sheikh Rashid Ahmed had initially sought permission to perform Umrah, a religious pilgrimage to Saudi Arabia, which is a deeply significant spiritual journey for many Muslims. However, his name was placed on the Provisional National Identification List (PNIL) due to his alleged involvement in the GHQ attack case, a serious security incident that remains under judicial scrutiny. This placement restricted his ability to travel internationally, prompting the legal battle over his right to undertake the pilgrimage.
This ruling highlights the judiciary’s balancing act between respecting religious freedoms and upholding national security laws. It also reflects the ongoing complexities faced by courts when dealing with cases that intersect with anti-terrorism legislation and individual rights. The decision to remand the case back to the ATC ensures that the matter will be examined with the full weight of the law, maintaining procedural integrity and judicial oversight.
