Mere Registration of an FIR does not Justify a Travel Ban --- Islamabad High Court (IHC) Orders for Removal of Petitioner’s Name from PCL  

Islamabad 26-02-2025: In a landmark ruling, the Islamabad High Court (IHC) has declared the placement of petitioner’s name on the Passport Control List (PCL) as illegal, unconstitutional, and without lawful authority. The Court directed the Federal Government and relevant authorities to immediately remove his name from the travel restriction list.  

The judgment, delivered by Mr. Justice Muhammad Azam Khan, reinforces the fundamental right to movement under Article 15 of the Constitution of Pakistan, 1973, and establishes strict procedural safeguards for imposing travel bans.  

The petitioner filed a Writ Petition under Article 199 of the Constitution, challenging the arbitrary restriction on his travel after his name was placed on the Provincial National Identification List (PNIL), Passport Control List (PCL), and Exit Control List (ECL). The petitioner contended that:  

1. He intended to travel for Umrah but was denied due to government-imposed restrictions.  
2. No notice, hearing, or valid justification was provided before placing his name on the restricted lists.  
3. His fundamental rights were violated, and the restrictions were malafide and arbitrary.  

The Assistant Attorney General (AAG) defended the restrictions, arguing that:  

1. The Petitioner was nominated in multiple FIRs, including FIR No. 96/23, involving serious offenses under the Pakistan Penal Code (PPC) and the Anti-Terrorism Act, 1997.  
2. The Home Department, Punjab, had recommended his name for the PCL, and the FIA was only an executing authority.  

After reviewing the case, the IHC struck down the travel restrictions, holding that:  

1. Mere registration of an FIR is insufficient grounds for restricting a citizen’s movement.  
2. No Federal Government approval was obtained before placing the petitioner on the PCL, violating Rule 22 of the Passports Rules, 2021.  
3. No due process safeguards were followed, including prior notice or the right to a hearing.  
4. The Petitioner was found not guilty during the investigation, and his pre-arrest bail petition was withdrawn on this basis.  
5. Travel restrictions must be based on objective criteria, not arbitrary recommendations from government agencies.  

The Court reiterated that the Islamabad High Court (IHC) has the authority to review executive actions that infringe upon fundamental rights.

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