Travel Restrictions require Federal Cabinet Approval and cannot be imposed without Due Process --- Islamabad High Court, Islamabad
Islamabad 03-03-2025: In a landmark ruling, the Islamabad High Court (IHC) has declared the placement of a senior customs officer’s name on the Passport Control List (PCL) as unlawful, unconstitutional, and without jurisdiction. The judgment, issued by Mr. Justice Inaam Ameen Minhas in [W.P. No. 53 of 2025], reaffirms the fundamental right to free movement and warns against arbitrary travel restrictions imposed by the executive.
The Petitioner a Collector of Customs at the Federal Board of Revenue (FBR), challenged the placement of his name on the Passport Control List (PCL) by the Directorate General of Immigration and Passport Control (Respondent No.3) at the request of the Federal Investigation Agency (FIA) (Respondent No.2).
His name was added to the PCL in connection with FIR No. 19/2023, registered by the FIA Anti-Corruption Circle (ACC), Karachi, without prior notice or explanation. The petitioner argued that the move violated his fundamental rights under Articles 4, 10-A, 15, and 25 of the Constitution and amounted to malicious abuse of executive authority.
Mr. Justice Inaam Ameen Minhas ruled that the FIA and Passport Control authorities acted arbitrarily, breaching both constitutional protections and statutory provisions.
The Court found that the petitioner was not involved in any anti-state activities nor covered under categories A or B of Rule 22 of the Passport Rules, 2021, which regulate the Passport Control List (PCL). The judgment emphasized that mere registration of an FIR is not a lawful ground to restrict a citizen’s movement.
The Petitioner’s name was first placed on the PNIL under Standing Order No. 2/2018, which is meant to temporarily block the travel of fugitives and individuals accused of heinous crimes. The Court found that the Petitioner’s alleged offenses under the Prevention of Corruption Act, 1947, and Customs Act, 1969, did not meet the criteria for such drastic action.
Citing the Supreme Court’s decision in Mustafa Impex Vs. Government of Pakistan (PLD 2016 SC 808), the Islamabad High Court (IHC) ruled that only the Federal Government (meaning the Federal Cabinet) has the authority to impose travel restrictions. Since no such approval was obtained, the restriction was declared unlawful.
Court’s Final Ruling:
- The Writ Petition was allowed, and the placement of the Petitioner’s name on the PCL was declared illegal, mala fide, and void ab initio.
- The Respondents were directed to immediately remove the Petitioner’s name from all travel restriction lists.
The Islamabad High Court (IHC) relied on several landmark Supreme Court decisions, including:
- Government of Pakistan Vs. Dada Amir Haider Khan (PLD 1987 SC 504): Mere pendency of a criminal case does not justify travel restrictions.
- Federation of Pakistan Vs. Pervez Musharraf (PLD 2016 SC 570): Reaffirmed the right to travel.
- The Federal Government Vs. Ayyan Ali (2017 SCMR 1179): Declared travel bans without due process unlawful.
Sheikh Shan Ilahi Vs. Federation of Pakistan (PLD 2023 LHR 359): Restrictions on movement must be justified by law and follow due process.
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