LAHORE: The Lahore High Court (LHC) on Wednesday allowed a suspended Federal Investigation Agency (FIA) sub-inspector and his minor daughter to travel to Russia to participate in aninternationalhorseback archery competition.
Justice Khalid Ishaq observed that a child’s fundamental rights could not be curtailed because of disciplinary proceedings against her father.
Thejudge passed the order on a petition filed by FIA SubInspector Najeebullah Khan Niazi, who challenged the Interior Ministry’s refusal to grant him an ex-Pakistan leave and a No Objection Certificate (NOC).
Advocate Azhar Siddique appeared before the court on behalf of the petitioner.
He said the petitioner andhis daughter Uswa Marjaan (14) had been selected on merit to represent Pakistan at the international horseback archery competition in Russia, scheduled from July 16 to 30.
During the hearing, Additional Attorney General Mirza Nasr Ahmad opposed the petition, arguing that Niazi was facing departmental proceedings for allegedly failing to comply with transfer orders and for prolonged absence from duty.
He also contended that the dispute related to service matters, therefore, fell outside the high court’s constitutional jurisdiction.
However, Justice Ishaq observed that denying the petitioner permission to travel would effectively deprive his minor daughter of the opportunitytorepresentPakistanin an international sporting event, despite her having committed no wrongdoing.
The judge held that whilethe petitioner remained answerable to his department for the pending disciplinary proceedings, his daughter’s constitutionalrights deserved equal protection.
Allowing the petition, the judge granted one-time permission to the petitioner and his daughter to travel to Russia, subject to his furnishing a written undertaking to return to Pakistan and face the departmental proceedings.
The judge ordered the respondent authorities to issue the required NOC by the close of business on July 15.
He further directed the immigration authorities to allow the petitioner and his daughter to travel on the strength of the court orderif the NOC was not issued within the stipulated time.
Later in the evening, Advocate Siddique shared with the media a copy of the NOC issued by the FIA to the petitioner.