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Right to Travel cannot be restricted Arbitrarily and Due Process must be followed before Restricting Travel --- Islamabad High Court (IHC) Orders for Immediate Removal Petitioner’s Name from Passport Control List

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Islamabad 14-02-2025: In a landmark ruling, the Islamabad High Court (IHC) has declared the placement of a citizen’s name on the Passport Control List (PCL) without due process to be unconstitutional and illegal. The Court ordered the immediate removal of the Petitioner, from the PCL, restoring his right to international travel.

The petitioner, a Pakistani citizen, was prevented from traveling to Oman on December 5, 2024, despite holding a valid work visa and passport. Upon inquiry, he discovered that his name had been placed on the PCL, barring him from leaving the country. The Petitioner was not given prior notice, nor was he informed of the reasons for the restriction.

The petitioner challenged this action before the Islamabad High Court (IHC), arguing that the ban violated his fundamental rights under Articles 9, 10-A, and 15 of the Constitution, which guarantee liberty, due process, and freedom of movement.

Presiding over the case, Mr. Justice Babar Sattar ruled that the placement of the Petitioner’s name on the PCL was illegal, arbitrary, and a violation of constitutional rights. The judgment emphasized the following Key Legal Principles:

Article 15 of the Constitution of Pakistan guarantees the freedom of movement.
The government failed to justify why the Petitioner was barred from international travel.
Section 8 of the Passport Act, 1974, mandates that no passport can be canceled, impounded, or confiscated without prior notice.
The Respondents failed to issue a show-cause notice or provide the Petitioner an opportunity to be heard.
Section 24A of the General Clauses Act, 1897, requires that all government decisions be fair, just, and reasonable.
The Assistant Director of Immigration & Passports had no legal authority to place the petitioner on the PCL.

The Petitioner was deported from the UAE, but the Court ruled that deportation alone is not a sufficient ground to impose a travel restriction.

The government failed to prove any criminal conviction or security threat that would justify the ban.

The Court relied on previous landmark rulings, including:

Dr. Shireen Mazari Vs. Federation of Pakistan (2024 MLD 1020): Due process must be followed before restricting travel.
Pakistan Muslim League (N) Vs. Federation of Pakistan (PLD 2007 SC 642): Right to travel cannot be restricted arbitrarily.
Fauji Foundation Vs. Shamimur Rehman (PLD 1983 SC 457): Due process is a fundamental right.

The Islamabad High Court (IHC) ruling reaffirms the constitutional protections of Pakistani citizens against arbitrary state actions. The decision underscores that government agencies must act within the law, provide notice, and justify any restrictions on citizens’ rights.