Freedom of movement: Dr Qadeer challenges LHC order in SC

ISLAMABAD: Prominent scientist Dar Abdul Qadeer Khan on Monday challenged the order of Lahore High Court (LHC) disposing of his petition relating to freedom of movement on the grounds that it lacks jurisdiction. He has filed a petition under Article 185(3) of the constitution praying to grant leave to appeal against the LHC order passed on September 25, 2019 in the interest of justice. He has made government of Pakistan through Ministry of Interior and Strategic Planning Division (SPD), Ministry of Defence as respondents.

He questioned as to whether fundamental rights including freedom of movement could be abridged, curtailed or denied arbitrarily on mere liking or disliking and under the garb of reasonable restrictions.

Whether the LHC was justified in disposing of his petition by holding that it lacks jurisdiction as the government had taken some security measures, Dr Qadeer further questioned.

He submitted that in January 2004, he was put under virtual house arrest on the pretext of security saying, as it was a sham pretext, illegal and in violation of his fundamental rights. He said that he moved Islamabad High Court, raising grievances about his being kept in illegal custody and the learned Islamabad High Court accepted his petition of habeas, declaring him as a free citizen.

He, however, submitted that despite of Islamabad high Court order declaring him as free citizen, his movements were kept under restraint due to which he was very uncomfortable and hence he moved the LHC in 2010 and the court disposed of his petition with the observation that as for as meetings of his visitors is concerned, the court has already declared him as free citizen.

He said that the court had held that he might see anybody whom, he wants to meet and a procedure had also been laid down in this regard.

The court had directed the government to further ensure harmony and maintain pleasant atmosphere and no undue harassment to him as the nation has great respect for him.

Dr Qadeer submitted that after all restraints were removed on him he launched his political party that participated in 2013 elections, however, the PML-N former government started victimising him and once again restrictions were clamped down on him to curb his freedom of speech. Later on, he submitted that the restraints put on him at the hands of the respondents and consequently, he moved Lahore High Court and filed a petition, which was disposed of due to lack of jurisdiction on September 25, 2019.

He prayed to the apex court to grant leave to appeal against the order of the Lahore High Court, passed on September 25, 2019, contending that the order of LHC disposing of his petition was not in consonance with the law laid down by the Supreme Court in Khwaja Muhammad Asif MNA vs Federation of Pakistan and Federation vs General (R) Pervez Musharraf which rule that fundamental rights including that of freedom of movement could not be abridged, curtailed or denied arbitrarily on mere liking or disliking and under the garb of reasonable restrictions.