The Islamabad High Court has directed the concerned authorities to strictly follow the procedure for putting any citizen on the ‘no-fly list’ and stressed that citizens’ names should not be included in the list on demand.
Justice Babar Sattar, while terming the inclusion of a citizen’s name in the Passport Control List (PCL) without solid evidence as illegal and unconstitutional, ordered the immediate removal of the petitioner’s name from the list and restoration of his right to travel freely.
While pronouncing the judgment on the petition of citizen Nadir Mukhtiar, Justice Babar Sattar held that the Directorate of Immigration and Passports had violated due process and fundamental rights by restricting the petitioner’s ability to travel abroad without proper legal justification.
Advocate Nisar Ahmed Shah had filed the petition on behalf of Mukhtiar, who was deported from the UAE in mid-2024 following a local dispute. Upon his return to Pakistan, he obtained a valid Pakistani passport and an Omani work visa.
However, on December 5, 2024, despite clearing immigration at Islamabad International Airport and receiving an exit stamp, he was prevented from boarding the flight because his name was on the PCL.
After his requests were ignored from the list, he filed a writ petition in the Islamabad High Court, challenging the legality of the travel restrictions.
Justice Babar Sattar ruled in the judgment that the Directorate of Immigration and Passports had exceeded its legal authority and violated Mukhtiar’s constitutional rights by placing him on the PCL without issuing him a notice or providing him with an opportunity to be heard.
According to the judge, there was no legal justification for keeping the citizen on the PCL, the directorate failed to follow the procedural requirements under the Passport Rules 2021, which is a violation of Articles 9, 10A and 15 of the Constitution, which guarantee personal liberty, due process and freedom of movement.
The court said that no formal order was issued regarding the seizure or cancellation of his passport.
The court, while declaring the inclusion of Mukhtiar’s name on the PCL illegal, directed the concerned authorities to remove his name from the list immediately.
The judgment also directed the Director General of Immigration and Passports to ensure that citizens are not included on the PCL on demand in future.
The judgment said that the fundamental rights of the petitioner have been violated without any legal basis, the authorities must follow due process before restricting the citizen’s travel.
