a strict textual interpretation may limit this right solely to one's
residence, the Supreme Court in Mohtarma Benazir Bhutto vs
President of Pakistan has broadly interpreted Article 14, extending
privacy protections to encompass all aspects of citizens' lives.33 The
Supreme Court stated that privacy extends beyond physical spaces
and includes any realm where individuals expect privacy and
security. This interpretation not only recognizes the privacy of the
home but also privacy in public spaces, affirming individuals' right to
control information about themselves and make choices about their
personal lives without undue interference.
Therefore, Section 11(2) encroaches upon individuals' privacy rights
by granting unchecked access to any land or property. In doing so,
this provision fails to uphold the sanctity of privacy, which is integral
to protection of dignity of a person, as guaranteed under Article 14
of the Constitution of Pakistan. Consequently, it exposes persons to
potential violations of their privacy and possible citizens to their
property rights, thereby undermining fundamental rights enshrined
in the Constitution.
Risk of indefinite detention
Section 14 of the Foreigners Act specifies that anyone who violates
this Act or any order issued under it shall be subject to imprisonment
for five years and a fine. Section 14A further states that any accused
person who is guilty of an offense under 14(2) cannot be released on
bail unless they are considered prima facie innocent. Section 14B
allows a foreigner who is serving a sentence under the Act to leave
Pakistan with the Federal Government's consent. Section 14C further
states that a foreigner who is imprisoned under the Act for not
having permission to stay in Pakistan cannot be released even after
the sentence expires and must remain in custody until arrangements
for deportation are finalized, up to a period of three months.
While Section 14 provides different processes and procedures for
deportation, return and removal of individuals from Pakistan, it does
not address the issue of individuals who have no citizenship or are
33
Benazir Bhutto v. Federation of Pakistan [1988]] PLD 416 (Supreme Court).
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