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Writ Petition No. 2874 of 1985, decided on 20th December, 1986.
‑‑‑Art. 199‑‑Passport‑‑Endorsement to visit India declined‑‑Documents pertaining to reports about petitioner on basis of which endorsement was refused, showed nothing objectionable about activities of petitioner, but were subdued and routine utterances‑‑No apprehension existed that activities of petitioner would have any adverse effect‑‑Petitioner was not only man of letters, but was also following responsible vocation‑‑In absence of any solid and sound justification sustainable in law for denial of endorsement on passport of petitioner, High Court in exercise of constitutional jurisdiction directed that endorsement sought by petitioner be made on proper request .
Ch. Muhammad Arif for Petitioner.
Malik Muhammad Qayyum, Dy. A.‑G. for Respondent.
In‑this application the petitioner who is an Advocate of Supreme Court of Pakistan, a past President of the Lahore High Court Bar Association and a man of letters, seeks a direction for endorsement on his passport to visit India in order to participate in the Golden Jubilee Conference of All India Progressive Writers Association. The endorsement is declined by the Ministry of Interior. The relevant documents upon which the decision is based, privilege is claimed for, but have been shown by the learned Deputy Attorney‑General to the Court. It was submitted that in view of the reports, the Ministry rightly exercised its authority to refuse endorsement.
2. The documents do not show that the activities of the petitioner have been such as not those of other eminent people yielding authority or power, These have been rather subdued and routine utterances. In view of the responsible vocation petitioner follows it is not likely that his activities in the association of writers, about which it is stated that it had held its Jubilee in Pakistan itself at Karachi last year, will have any adverse effect. He will rather and be expected to fly the flag high. The grounds of denial of endorsement do not relate to the place for which the endorsement is sought either. There being no solid and sound justification sustainable in law, it is directed that the endorsement sought shall be made on proper request. The application is accordingly allowed but in the circumstances that the authorities) have acted on the basis of reports, the parties are left to bear their own costs.
H . B . T . /A‑7/L Revision application allowed.
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