IHC rules passport cannot be restricted without due legal process

ISLAMABAD – The Islamabad High Court (IHC) on Saturday ruled that a citizen’s passport cannot be subjected to travel restrictions without lawful authority and due process, declaring that placing an individual’s name on the Passport Control List (PCL) without following the prescribed legal procedure is illegal. In a detailed judgment, the IHC ordered the removal of petitioner Zain Ateeq’s name from the Passport Control List, observing that there was no legal basis for continuing to restrict the use of his passport or overseas travel. According to the judgment, Ateeq’s name was placed on the PCL after he was deported from Türkiye in July 2022. The court noted that the Federal Investigation Agency (FIA) had itself recommended removing his name from the list after more than two years had passed following his application. However, the Passport Authority rejected his request, citing non-prosecution as the reason for retaining his name on the PCL. The IHC observed that a person deported for illegal entry or any other prohibited act cannot remain on the Passport Control List indefinitely unless such action has been approved by a competent legal authority. The judgment stated that the record did not show any decision by a competent authority authorising either the placement or continued retention of the petitioner’s name on the PCL. The court further noted that there was no evidence indicating that the petitioner had been convicted of any offence or was facing criminal proceedings in either Pakistan or Türkiye. Referring to its earlier ruling in the Shireen Mazari case, the IHC reiterated that restrictions on a citizen’s passport and right to travel can only be imposed in accordance with the law and after following the prescribed legal procedure. Concluding that the authorities had failed to fulfil the legal requirements, the court held that there was no lawful justification to continue restricting the petitioner’s passport and