The Islamabad High Court has ruled that authorities cannot place a citizen’s name on the Passport Control List (PCL) without following the legal process. The court ordered the removal of citizen Zain Atiq’s name from the list, saying travel restrictions must be supported by law, due process, and valid reasons.
The decision highlights the importance of protecting the legal rights of citizens. The Islamabad High Court observed that authorities failed to meet the legal requirements before placing the applicant’s name on the Passport Control List. It said restrictions on a person’s right to travel cannot be imposed without proper legal authority.
According to court records, Zain Atiq’s name was added to the Passport Control List after he was deported from Turkey in July 2022. However, the court noted that deportation alone does not justify keeping a person’s name on the list for an unlimited period.
The judgment stated that no official record was presented to show which authority had requested the inclusion of the applicant’s name in the Passport Control List. The court said every such decision must follow the procedure laid down by law.
The Islamabad High Court further observed that no deported citizen can remain on the Passport Control List indefinitely without approval from the competent authority. It emphasized that any restriction affecting a citizen’s movement must be legally justified and properly documented.
During the hearing, the court also reviewed the role of the Federal Investigation Agency (FIA). According to the case record, the FIA had already recommended removing Zain Atiq’s name from the Passport Control List because more than two years had passed since his deportation.
Despite the recommendation, the Passport Authority rejected the request for removal. The authority cited non-compliance as the reason for refusing the application. However, the court ruled that although the Passport Authority has the final decision-making power, it cannot ignore the FIA’s recommendation without providing clear and reasonable grounds.
The court also noted that there was no evidence showing that Zain Atiq had been convicted of any criminal offence in Pakistan or Turkey. It further observed that no criminal case against him had been placed before the court.
In the absence of any criminal conviction or pending legal proceedings, the Islamabad High Court concluded that there was no lawful basis to continue restricting the applicant’s travel. It ruled that the authorities had failed to justify keeping his name on the Passport Control List.
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The court directed the relevant authorities to immediately remove Zain Atiq’s name from the PCL. The ruling reaffirmed that travel restrictions must always follow the law, respect due process, and cannot continue indefinitely without proper legal approval and sufficient justification.
