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Lahore High Court Overturns the Decision to Retain Names of Appellants on Passport Control List (PCL)

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Lahore High Court Overturns the Decision to Retain Names of Appellants on Passport Control List (PCL).

Islamabad 06-05-2024: The Division Bench of Lahore High Court, Lahore consisting of Mr. Justice Anwaarul Haq Pannun and Mr. Justice Sultan Tanvir Ahmad while hearing [ICA No. 71740 of 2023] involving a dispute of placing the name of appellants on Passport Control List (PCL) in pursuance of order of Home Department dated 06.11.2023 and Anti-Corruption Establishment reports. Home Department has referred to letter dated 26.06.2023 of Anti-Corruption Establishment and FIR No. 11 / 2023 registered under sections 161, 162 and 34 of Pakistan Penal Code, 1860 read with section 5(2) of the Prevention of Corruption Act, 1947 at Police Station DACE Punjab, Lahore lodged by the Establishment, against Farhat Shahzadi alias Farrah Gogi, Usman Buzdar, Tahir Khursheed, Ahmad Aziz Tarar, Saleha Saeed, Usman Moazzam, Sohail Khawaja, Muhammad Asif and Ibrahim Maneka. Admittedly, the FIR is against the mother of the appellants and other accused persons. The appellants are not even nominated in the FIR.

The directives were issued in Constitution Petition No. 45436 of 2023 to the Ministry of Interior to consider the case of the appellants fairly within 15 days. However, the request of appellant to remove their names from the PCL was declined by the Ministry which lead the subsequent legal proceedings. The Honourable High Court thoroughly examined the arguments presented by both parties and scrutinized relevant legal precedents. The court emphasized the importance of citizens' rights to travel abroad and the criteria for placing names on the PCL.

The Honourable High Court observed that mere registration of a criminal case should not justify restricting a Citizen's Liberty to travel. Additionally, the Honourable Court underscored that ongoing investigations alone should not serve as grounds for retaining names on the PCL. The Honourable Court finally accepted the appeal and overturned the decision of Ministry, regarding non-removal of names of appellants from PCL. The ruling sets an important precedent for future cases involving the Passport Control List and underscores the necessity of adhering to legal principles in such matters.