ISLAMABAD:
The Islamabad High Court (IHC) has ruled that travel restrictions on citizens can only be imposed by a competent legal authority and strictly in accordance with the procedure prescribed by law, declaring that names cannot be included in the Passport Control List (PCL) without due process.
In a major ruling on citizens’ right to travel, the court ordered the immediate removal of petitioner Zain Atiq’s name from the PCL, holding that his continued inclusion on the list was illegal.
According to the ruling, Atiq’s name was included in the PCL after his deportation from Turkiye in July 2022. The FIA ​​subsequently recommended removing his name from the list at the petitioner’s request, noting that more than two years had passed since his deportation.
However, the Passport Authority rejected his application due to lack of processing. The court observed that a person deported for illegal entry or any other prohibited act cannot remain in the PCL indefinitely without the approval of a competent authority.
The ruling noted that the record did not show that any competent authority had ever decided to keep the petitioner’s name in the PCL. He noted that the file did not show any evidence of any conviction or criminal case pending against him in Pakistan or Turkiye.
Referring to the Shireen Mazari case, the IHC reiterated that travel restrictions on citizens can only be imposed by a legal authority through the procedure established by law. He argued that the relevant authorities had not complied with the legal requirements in the present case.
While noting that the Passport Authority has final authority in such matters, the court ruled that the FIA’s recommendation could not be ignored without sound legal reasons.
The ruling further noted that there were no criminal proceedings pending against the petitioner, there was no record of any conviction by a competent court and there was no other legal basis to justify his continued inclusion in the PCL.
In the absence of a legal determination by a competent authority, the court held, the name of the petitioner could not remain in the PCL. Consequently, the IHC ordered the authorities to immediately remove Zain Atiq’s name from the PCL.
