RAWALPINDI: The Lahore High Court (LHC) Rawalpindi bench on Wednesday nullified a single bench order that had permitted Awami Muslim League (AML) chief Sheikh Rashid to travel to Saudi Arabia for Umrah.
The court ruled that only an anti-terrorism court (ATC) has the authority to permit accused persons under the Anti-Terrorism Act (ATA) to travel abroad.
The division bench, comprising Justice Jawad Hassan and Justice Tariq Mahmood Bajwa, announced its verdict on the federal government’s intra-court appeal against Rashid, which had been reserved on March 12.
Earlier, a single bench headed by LHC’s Justice Sadaqat Ali Khan had allowed Rashid to perform Umrah.
However, Rashid was stopped at the airport before departure in November last year, prompting him to file a contempt of court petition against FIA immigration and passport officials, as per The News report.
In its 23-page verdict, the bench ruled that Rashid must now approach the ATC in Rawalpindi. “The Anti-Terrorism Court shall hear the matter and decide according to the law,” the verdict stated.
The court also observed that the authority to regulate the passport or permit travel abroad of an accused under Section 28-A lies exclusively with the ATC seized of the matter.
The bench noted that the previous single bench order had been issued based on a concession by a law officer, which it described as beyond the officer’s lawful mandate and contrary to statutory provisions. “No estoppel arises from a concession made without authority, as it cannot override an existing judicial command,” the verdict read.
The ruling emphasised strict adherence to legal procedures for cases under the anti-terrorism framework, invalidating the prior order that had allowed Rashid to leave the country for Umrah.
