Chief Justice Islamabad High Court today on Friday heard the petition filed by Ch. Iftikhar Ahmed, Secretary General PPP Rawalpindi against Cynthia Dawn Ritchie and ordered the respondents no 2,3 & 4 and concerned authorities to submit their replies on the points of petition before July 03, 2020 while observing the following:
“The petitioner asserts that he is an office bearer of a registered political party. It is latter’s grievance that respondent no.1 (Cynthia Dawn Ritchie) a foreign national, is staying in Pakistan without a valid visa. It is the case of the petitioner that her visa had expired and yet respondents are not proceeding against her in accordance with law. It reads that the learned counsel has contended that respondent no.1 (Cynthia Dawn Ritchie)is not a registered voter and yet has been allowed and facilitated to interfere and comment on political matters. It has been argued that respondent no.1 is being facilitated to tarnish the image of the country by bringing political leadership into disrepute through false and concocted statements allegations. The learned counsel has argued that activities of respondent no.1 are in violation of the terms and conditions of the visa which was earlier granted to her. The learned counsel has stated that respondents are refusing to act in accordance with law.
The honourable Chief Justice Islamabad High Court ordered “Let notices be issued to respondents no.2 (Government of Pakistan) 3 (Ministry of Interior) and 4 (Federal Investigation Agency) for filing report and parawise comments before the next date fixed. An authorized representative shall be nominated by the Secretary Ministry of Interior to appear before this Court on the date fixed and explain whether visa of respondent no.1 has expired. If so then what
course is required to be adopted under the law. The authorized representative shall also explain whether the terms and conditions of visa issued to a foreign national allows the latter to make statements of political nature as alleged on behalf of the petitioner in case of respondent no.1.”
It further orders “Re-list on 03.07.2020. The petition shall be taken up at 10:00 am. The office is directed to send a copy of this order to the Secretary Ministry of Interior for compliance.
The writ petition against US Citizen Ms. Cynthia Dawn Ritchie was filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. The write petition was filed by Ch. Iftikhar Ahmed through his counsels Ch. Tanveer Akhtar Advocate Supreme Court and Ch. Farrukh Ismail Gujjar Advocate High Court. On the occasion, PPP senior leader Sardar Latif Khosa who also appeared before the court on behalf of PPP lawyers and later while talking to media outside the court, he expressed serious concerns over the presence and free movement of Ms. Cynthia Ritchie in Pakistan despite of expiry of her visa back in March 2020. He said that PPP as party is concerned as why she has been investigating PPP alleged activities without any lawful authority adding that PPP as party is concerned about her activities in Pakistan
The petitioner seeks the deportation of Ms. Cynthia Dawn Ritchie as her visa has been expired and not extended till date accordingly. He has also prayed that the activity of Ms. Cynthia Dawn Ritchie may also be restrained within the limit prescribed by law for immigrants and has expressed grave concerns over her access to the sensitive institutions of the country.
In the petition, Ms. Cynthia Dawn Ritchie, Federation of Pakistan, Secretary Ministry of Interior, Federal Investigation Agency and Security and Exchange of Pakistan are made respondents which were issued notice. Mr. Iftikhar Ahmed in his petition has stated that the petitioner being a citizen of Pakistan, has certain rights guaranteed under the Constitution of Islamic Republic Pakistan as well as other applicable laws and being so, he is entitled to question any illegal activity going on in the country for the public interest.
In the petition following important questions and points have been raised which need to be answered by Ms. Cynthia Dawn Ritchie and concerned authorities:
1. Ms. Cynthia D. Ritchie is an American Citizen who reportedly came to Pakistan about a decade ago and since then she is residing in Pakistan and as such is governed by the Laws of Pakistan and she has to abide by the same.
2. The Visa of Ms. Cynthia Dawn Ritchie is expired in the month of March, 2020 owing to which her stay in Pakistan became illegal. She should have left the country or should have been deported by Federation of Pakistan and FIA but they have failed to deport her from Pakistan and so much so have taken any step in this behalf, thus they failed to perform their functions/duties which they were obliged to perform under the law, which necessitated to file the instant Constitution Petition.
3. Ms. Cynthia Dawn Ritchie is claiming through media that she is indulging into certain kinds of investigations in Pakistan but to the knowledge and information of the petitioner no such license has been issued to her by the Government of Pakistan to carry-out any kind of investigations.
4. Ms. Cynthia Dawn Ritchie is an alien has been able to make an access to the sensitive institutions of the country and it is known that she is involved in anti-state activities and her such acts of omissions and commission may prove detrimental and fatal to the country.
5. It is incumbent upon all foreign citizens to get themselves registered with the Security Office maintained by the Police Departments and also to inform about the address where he/she is residing, but to the utter surprise of the petitioner, Ms. Cynthia Dawn Ritchie has not done so.
6. If Ms. Cynthia Dawn Ritchie is carrying on with any business, then she should been registered with SECP and if not then how she is doing the business in Pakistan. She has also not disclosed her source of income and the details of income tax, if any paid by her and all these things/information are necessary to be disclosed in the public interest. He added that she has been applying to different authorities under fake addresses, and thus committing illegality which calls for her legal accountability and she has not got registered herself with the local police for the purpose of residence as tenant.
7. Ms. Cynthia Dawn Ritchie is, as disclosed through social media, is ingressing into most sensitive and security related issues of Pakistan and if not checked and restrained, there is likelihood of some mishap which would be detrimental to the interest of the country resulting into public sufferance.
8. She is also leveling defamatory allegations against a deceased leader and ex-Prime Minister of the country and thus scandalizing the reputation of country at international level, the process of investigation is already pending before the FIA, hence the activity of Ms. Cynthia Dawn Ritchie may be restrained as per land of law.
9. Since her visa has expired, so she is liable to be deported/expelled from Pakistan forthwith and an action is also requested against those, who failed to deport her.
10. Since FIA and Security and Exchange of Pakistan have failed to perform their duties in accordance with law, which necessitated the petitioner to invoke the constitutional jurisdiction of this Hon’ble court for redressal of public grievance.
The petitioner said that she had worked on the different places and companies and it is illegal as she cannot work on business as per the law of state. He added that she can be awarded three years conviction and detained till she is deported and it is non-bailable offence.
The observations shown by petitioner are of land mark importance and will block foreigners to take the law in their own hands.
