ISLAMABAD: The Islamabad High Court (IHC) has ruled that citizens cannot be subjected to travel restrictions without lawful authority and due process, declaring the inclusion of a person’s name on the Passport Control List (PCL) without following the prescribed legal procedure to be unlawful.
In a detailed judgement, the court ordered the removal of citizen Zain Ateeq’s name from the PCL, holding that there was no legal basis for keeping him on the list.
The court noted that Ateeq’s name had been placed on the PCL after he was deported from Turkiye in July 2022. It observed that the Federal Investigation Agency (FIA) had itself recommended removing his name after more than two years had elapsed, following his application.
However, the Passport Authority dismissed his request for removal from the PCL on the grounds of non-prosecution, the judgement said.
The IHC held that a person deported for illegal entry or any other prohibited act could not be kept on the PCL indefinitely without approval from the competent legal authority.
“The record does not show that any competent authority ever decided to place or retain the petitioner’s name on the Passport Control List,” the court observed.
It further noted that there was no evidence on record to suggest the petitioner had been convicted of any offence or was facing any pending criminal proceedings in either Pakistan or Turkiye.
In the absence of a decision by a competent authority, the court said, the petitioner’s name could not legally remain on the PCL.
Referring to its earlier ruling in the Shireen Mazari case, the IHC reiterated that travel restrictions could only be imposed through lawful authority and in accordance with the prescribed legal procedure.
The court concluded that the authorities had failed to fulfil the legal requirements in the present case and found no pending criminal proceedings, conviction or any other legal justification to continue restricting the petitioner’s travel.
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