PAKISTAN MUSLIM LEAGUE (N) through Khawaja Muhammad Asif, MNA and others vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior and others
This matter arises from constitutional petitions filed by Pakistan Muslim League (N) and others against the Federation of Pakistan. The core legal question concerns the right of citizens, specifically Mian Muhammad Nawaz Sharif and Mian Muhammad Shahbaz Sharif, to return to and remain in Pakistan. The Supreme Court held that the petitions are maintainable and accepted them, declaring that the petitioners possess an inalienable right under the Constitution to enter and remain in the country. The Court laid down the principle that the return and entry of citizens into Pakistan cannot be restrained, hampered, or obstructed by any Federal or Provincial Government agencies in any manner.
- Do citizens of Pakistan have an inalienable right to enter and remain in the country under Article 15 of the Constitution of Islamic Republic of Pakistan, 1973?
- Can federal or provincial government agencies obstruct the return of citizens to Pakistan?
- Article 15, Constitution of Islamic Republic of Pakistan, 1973
ORDER
For reasons to be recorded separately, both the captioned petitions, being maintainable, are accepted.
2. It is declared that Mian Muhammad Nawaz Sharif and Mian Muhammad Shahbaz Sharif, under Article 15 of the Constitution of Islamic Republic of Pakistan, 1973 have an inalienable right to enter and remain in country, as citizens of Pakistan. Their such return/entry into country shall not be restrained, hampered or obstructed by the Federal or Provincial Government Agencies, in any manner.