You are travel banned ?
The Execution Courts, are legally authorized to issue all necessary rules they deem fit to execute the final Courts verdict. If, Execution Courts are barred for any reason from taking all necessary valid legal measures in implementation for a final Courts verdict, then the law becomes toothless and ineffective. In other words, no need for judicial system.
Justice must be done and must be seen to be done, this is a major legal procedural rule and a basic ancient maxim that has been going on since centuries. Therefore, this golden rule should unequivocally be maintained all through. It goes without saying, that, there is no doubt in this and we should all work harder to achieve this legitimate legal cause for the sake of justice.
The plaintiff, mainly in civil cases, looks for the time of execution of the final verdict to taste the flavor of the judgment issued in his favor after strong legal duel before Courts. The defendant, on the other hand, must give-up and surrender after issuance of the final Court verdict and he \ she must cooperate with the Execution Court to see justice done by all means.
The Execution Court, as mentioned, could issue all instructions against the defendant to the far extent of imprisonment, if necessary and deemed appropriate. All this, inter alia, falls within the absolute discretion of the Execution Court and all must abide and adhere to this judicial jurisdiction.
However, with due respect, we feel that the current mechanism of applying the “travel ban” is in need of a relook for the sake of its development to achieve overhaul justice to all parties. Justice to all parties, at least indicates a civilized way of life to all citizens. Why we say there is need for adopting new mechanism ? This is simply, because any person could face such embarrassing situation while he \ she is on his final steps and way to travel abroad for any reason. The travel could be, for his business or sickness or leisure or education or worship or accompanying a sick parent or sibling … etc.
The unfortunate person, in most cases, is unaware of the “travel ban” order. He \ she took all the hectic trouble of preparing himself to travel for any of the above personal reasons including incurring many expenses, among other things, to pay for visas, travel tickets, hotel accommodation, insurance and may be many other personal needs or requirements…, apart from the psychological hassle and irritation normally faced before travelling..
We are not calling for banning the “travel ban” or handicapping the authority of Execution Courts. It is one of the legal procedural steps to be applied whenever the Court sees appropriate for justice and in the right course of fast, prompt, immediate & effective execution. I know, at certain instances, it has proved beyond doubt to be the most effective order in executing judicial verdicts very promptly.
However, we feel that, the person against whom there is a “travel ban” order should be the first to be informed or at least at the same time the info has been reported to the concerned at airports or other exists. This will, at least, enable him \ her to take necessary legal actions before bagging hid bags, say bi to every body and heading to the airport. As a matter of fact, this unwanted situation has been faced by many persons at different levels and caused a lot of uneasy troubles and inconvenience for them, their business, health, families and inmates..
This call for immediate info is genuine and it is possible nowadays as communication facilities are abundant and it is very easy to reach any person at any place at any time. This, we believe is very possible and, if applied, will boost more respect to justice and rule of law to all concerned in a civilized country… It’s a small issue but sure it will make a big change for ultimate justice in this country of imminence in the course of cementing the “rule of law” as we are all witnessing …
Dr. AbdelGadir Warsama Ghalib
Founder & Principal Legal Counsel
Dr.AbdelGadir warsama Consultancy
awarsama@warsamalc.com
