IHC rules travel bans require due process

ISLAMABAD: The Islamabad High Court (IHC) has ruled that citizens' names cannot be placed on the Passport Control List (PCL) without following due legal process, emphasizing that restrictions on the right to travel can only be imposed by a competent authority under the law.

The court ordered the immediate removal of petitioner Zain Atiq's name from the PCL, declaring his continued inclusion unlawful.

According to the judgment, Atiq was added to the PCL after being deported from Turkiye in July 2022. More than two years later, the Federal Investigation Agency (FIA) recommended removing his name from the list at his request. However, the Passport Authority rejected the application, citing non-prosecution.

The court observed that a person deported for illegal entry or similar offences cannot remain on the PCL indefinitely without a lawful decision by the competent authority.

The IHC noted there was no evidence that any competent authority had decided to retain the petitioner's name on the PCL. It also found no record of any criminal case or conviction against him either in Pakistan or in Turkiye.

Referring to the Shireen Mazari case, the court reiterated that travel restrictions must be imposed strictly in accordance with the law and that the authorities had failed to meet the required legal standards in this case.

While recognising that the Passport Authority has the final decision-making power, the court held that the FIA's recommendation could not be disregarded without valid legal grounds.

Since there were no pending criminal proceedings, convictions, or any other lawful basis to justify the restriction, the court directed the authorities to immediately remove Zain Atiq's name from the Passport Control List.