The Islamabad High Court has ruled that placing citizens on the Passport Control List (PCL) without following proper legal procedure is unlawful. The court issued a detailed five-page written judgment highlighting that travel restrictions cannot be imposed arbitrarily without lawful authority.
Justice Muhammad Azam Khan delivered the verdict while hearing a case involving a citizen who was deported from Turkey and later placed on the PCL. The court ordered that the petitioner, Zain Atiq, be removed from the Passport Control List.
In its judgment, the court observed that the petitioner’s name was added to the PCL in July 2022 without any proper determination by a competent authority. It further noted that no clear legal basis or procedural approval existed to justify the restriction placed on the individual’s travel rights.
The court also highlighted that the Federal Investigation Agency (FIA) had itself recommended removal of the petitioner’s name after more than two years, while the Passport Authority dismissed the request due to non-pursuance. The court criticized this handling, stating that administrative decisions must be supported by valid reasoning and lawful process.
Referring to previous judicial precedents, including the Sheerin Mazari case, the court reiterated that restrictions on a citizen’s movement can only be imposed under due legal process and by a competent authority. It added that while the Passport Authority holds final jurisdiction, recommendations from investigative agencies like the FIA cannot be ignored without strong justification.
The judgment further stated that there was no evidence of any criminal proceedings pending against the petitioner in Pakistan or Turkey, nor was there any conviction recorded by any competent court. In the absence of such findings, there was no lawful basis to continue the restriction.
