Only the Federal Government (Cabinet), not FIA, has the Authority to impose Travel Restrictions --- Islamabad High Court (IHC) Orders Removal of Citizen’s Name from Passport Control List
Islamabad 03-03-2025: In a significant ruling, the Islamabad High Court (IHC) has directed the removal of a Pakistani citizen’s name from the Passport Control List (PCL), declaring the Federal Investigation Agency’s (FIA) action as unlawful and unconstitutional.
The judgment, issued by Mr. Justice Muhammad Azam Khan, in [Writ Petition No. 405/2025] Muhammad Iqbal Vs. Federation of Pakistan, etc., reaffirmed that only the Federal Government (Cabinet) has the legal authority to regulate travel restrictions, not FIA or any subordinate department.
The Petitioner had applied for and obtained a valid passport in May 2024. However, on January 25, 2025, he was stopped at the airport by FIA officials, who informed him that his passport had been blocked due to his name being placed on the PCL. The authorities cited his deportation from Iran in 2021 as the reason for the restriction.
Despite multiple applications for the removal of his name from the blacklist, the petitioner received no response from FIA, prompting him to approach the Islamabad High Court (IHC) for redress.
The Court held that FIA’s unilateral decision to blacklist the petitioner without issuing any prior notice was a violation of natural justice and Rule 22 of the Passports Rules, 2021.
The Court referenced legal precedents, including:
- Dr. Shireen M. Mazari Vs. Federation of Pakistan (2024 MLD 1020, Islamabad)
- Rasikh Ellahi Vs. Federation of Pakistan (2024 YLR 2616)
The judgment reaffirmed that no citizen can be placed on a travel restriction list without being given an opportunity to be heard.
The Court emphasized that, under Rule 22 of the Passports Rules, 2021, the Federal Government (comprising the Prime Minister and Cabinet) is the only authority that can regulate citizens’ departure from Pakistan.
Relying on the Supreme Court’s judgment in Messrs Mustafa Impex, Karachi & Others Vs. Government of Pakistan (PLD 2016 SC 808), the Court reiterated that FIA cannot exercise powers that legally belong to the Cabinet.
The Court ruled that blocking the Petitioner’s passport without a lawful reason violated his fundamental rights, specifically Article 15 of the Constitution, which guarantees freedom of movement and the right to travel.
Citing Syed Zulfiqar Abbas Bukhari Vs. Federation of Pakistan (PLD 2019 Islamabad 316), the judgment declared that any travel restriction must be based on clear legal grounds and follow due process.
The Petitioner had a valid visa for Oman for employment purposes, and the Court found no legal justification for denying him the right to earn a livelihood abroad.
Relying on Sadaf Sharjeel Vs. NAB (2022 YLR 2441) and Fawad Ahmed Vs. Federation of Pakistan [W.P. No. 2129/2024], the Court stressed that economic considerations must be taken into account when reviewing travel restrictions.
The Islamabad High Court (IHC) ruled in favor of the Petitioner, ordering the immediate removal of his name from the PCL and restoring his right to travel.
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