Islamabad High Court Limits Govt’s Power to Impose Travel Bans

The Islamabad High Court (IHC) has ruled that the federal government cannot impose travel restrictions on citizens without legal authority and due process.

It declared the inclusion of a citizen’s name in the Passport Control List (PCL) without following the prescribed legal procedure to be unlawful.

In its judgment, the court directed the authorities to remove the name of petitioner Zain Ateeq from the PCL. His name had been added to the list after he was deported from Türkiye in July 2022.

During the hearing, the Federal Investigation Agency (FIA) informed the court that it had already recommended removing Ateeq’s name from the PCL, as more than two years had passed since his deportation. However, the Directorate General of Immigration and Passports declined the request.

The IHC held that a person deported for illegal entry or any other prohibited act cannot be kept on the Passport Control List indefinitely without the approval of a competent authority. The court noted that no record was presented showing that any lawful authority had ordered the petitioner’s continued inclusion on the list.

The judgment further observed that there was no criminal case or conviction against the petitioner in either Pakistan or Türkiye.

Referring to its earlier ruling in the Shireen Mazari case, the court reiterated that restrictions on a citizen’s right to travel can only be imposed through lawful authority and in accordance with due process.

Finding no pending criminal proceedings, conviction, or any other legal basis to justify the restriction, the IHC declared the petitioner’s continued placement on the Passport Control List unlawful and ordered his name to be removed.