ISLAMABAD: The Islamabad High Court (IHC) has ruled that placing a citizen’s name on the Passport Control List (PCL) without following the prescribed legal procedure is unlawful, emphasizing that travel restrictions cannot be imposed without proper legal authority and due process.
Justice Muhammad Azam Khan issued a five-page written judgment in a case involving citizen Zain Ateeq, whose name was placed on the Passport Control List after he was deported from Türkiye.
The court ordered the authorities to remove Zain Ateeq’s name from the Passport Control List, stating that restrictions on a citizen’s right to travel must be imposed only in accordance with the law and through the prescribed legal mechanism.
According to the judgment, the petitioner’s name was added to the Passport Control List in July 2022. During the proceedings, the Federal Investigation Agency (FIA) recommended that his name be removed after more than two years had passed. However, the Passport Authority dismissed his request for removal on the grounds of non-prosecution.
The court held that a person deported for illegal entry or any other prohibited act cannot be kept on the Passport Control List indefinitely without approval from a competent legal authority.
Justice Azam Khan observed that the official record did not indicate that any authorized body had formally decided to retain the petitioner’s name on the Passport Control List. The judgment further noted that there was no evidence of any criminal conviction or pending criminal case against the petitioner in either Pakistan or Türkiye.
The court stated that in the absence of such legal grounds, there was no justification for continuing to keep the petitioner’s name on the Passport Control List.
Referring to the Shireen Mazari case, the Islamabad High Court reiterated that travel restrictions on citizens may only be imposed by a lawful authority and in accordance with due process. The court observed that the relevant authorities had failed to fulfill the legal requirements in the present case.
The judgment further noted that although the Passport Authority has the final authority in such matters, it cannot disregard the FIA’s recommendation without providing valid and well-reasoned grounds.
The court concluded that there was no pending criminal proceeding, no conviction by any competent court, and no other legal basis to justify maintaining the travel restriction against the petitioner. Accordingly, it ordered that his name be removed from the Passport Control List in accordance with the law.
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