Islamabad High Court Rules Passport Restrictions Without Legal Process Illegal

First Published 7 hours ago

2 Updates by 2 sources

The Islamabad High Court (IHC) ruled on Saturday, June 27, that a citizen’s passport cannot be subjected to travel restrictions without lawful authority and due process. The court declared that placing an individual’s name on the Passport Control List (PCL) without following the prescribed legal procedure is illegal.

In a detailed judgment, the IHC ordered the immediate removal of petitioner Zain Ateeq’s name from the PCL. The court found there was no legal basis to continue restricting his passport or overseas travel.

According to the judgment, Mr. Ateeq’s name was placed on the PCL after he was deported from Türkiye in July 2022. The court noted that while the Federal Investigation Agency (FIA) had recommended removing his name from the list after more than two years, the Passport Authority rejected the request, citing non-prosecution.

The IHC observed that a person deported for illegal entry cannot remain on the PCL indefinitely unless approved by a competent legal authority. The judgment stated that the record showed no such decision authorising either the placement or continued retention of the petitioner’s name on the list.

The court further noted there was no evidence that Mr. Ateeq had been convicted of any offence or was facing criminal proceedings in either Pakistan or Türkiye.

Reaffirming its earlier ruling in the Shireen Mazari case, the IHC reiterated that restrictions on a citizen’s right to travel can only be imposed in accordance with the law. The court concluded that since the authorities had failed to fulfil the legal requirements, there was no lawful justification to continue the restrictions on the petitioner’s passport.

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