IHC seeks replies on travel restriction lists
The Islamabad High Court on Wednesday issued notices to the federal government and related authorities on a petition that challenges alleged unnecessary travel restriction lists and the legal basis for placing citizens on them. A single-judge bench of Justice Arbab Muhammad Tahir sought replies from the secretary interior, the director of immigration and the director general of the Federal Investigation Agency (FIA), which handles immigration and border enforcement among other duties.
The petition was filed by the Judicial Activism Panel through counsel Azhar Siddique under Article 199 of the Constitution. The court also issued notice to the Attorney General for Pakistan for assistance on the constitutional questions raised, noting that the validity of a federal rule is directly under challenge.
What the petition challenges
The petitioner is targeting the second limb of Rule 22(2)(b) of the Passport Rules, 2021, read with Sections 8 and 13 of the Passports Act, 1974, and Articles 4, 9, 10-A, 15 and 25 of the Constitution. The plea argues that this part of the rule, to the extent it allows names to be put on the Passport Control List (PCL) on the recommendation of government agencies or departments, is unlawful.
It also contests placing citizens on lists such as the Provisional National Identification List (PNIL), blacklist and stop lists that, according to the petitioner, are kept under departmental standard operating procedures or office memoranda without clear statutory backing. The petition further questions vague and discretionary placement of names on the Exit Control List (ECL). Citing Article 8 of the Constitution, the petitioner asked the court to treat such secretive, non-statutory lists as illegal and void where they lack proper legal cover.
According to the petition, travellers holding valid passports, visas and confirmed tickets have been offloaded without prior notice or disclosed reasons. The petitioner said those practices cause losses and hardship for people going abroad for jobs, studies, medical care and religious travel, including Umrah and Hajj. The plea also referred to the judgment in Moin Ud Din versus Federation of Pakistan and sought its implementation.
What the court ordered next
After hearing arguments, the bench directed the respondents to submit reports and paragraph-wise comments within a fortnight. Justice Arbab observed that, because the constitutionality of a federal rule is at issue, notice should go to the Attorney General under Order XXVII-A of the Code of Civil Procedure, 1908. The court adjourned further proceedings until December 3.
Among the reliefs sought is a writ of mandamus directing the respondents—including, as named in the plea, the Ministry of Interior, Immigration and Passports, the FIA and the National Database and Registration Authority (NADRA)—to build an integrated, auditable travel-status system, provisionally called “PAK TRAVEL STATUS” or a “Pak Travel Status Portal.” The proposed system would cover the ECL, PCL, PNIL, blacklist, stop lists, court-imposed restrictions and Interpol-related entries, and would let citizens check their status through secure means, with scope to challenge and remove entries, keep an audit trail and reflect judicial orders. The petitioner also asked for a review of existing PCL entries and a bar on placing people on restriction lists without explicit statutory sanction.
Aasan alfaaz mein
Islamabad High Court ne travel restriction lists ke khilaf petition par Interior, Immigration aur FIA se jawab mang liya hai. Petition ke mutabiq kai lists bina wazeh qanoon ke chal rahi hain aur log airport par rok diye jate hain. Court ne do hafton mein reportain aur comments file karne ko kaha hai. Agli sunwai December 3 ko honi hai; faisla abhi nahi hua.
