IHC says citizens cannot be kept on travel ban list without due legal process

ISLAMABAD: The Islamabad High Court has ruled that restrictions on a citizen’s travel can only be imposed by a legally competent authority and through the procedure set out in law, holding that names cannot be placed on the Passport Control List without due process.

In its ruling, the court ordered the immediate removal of petitioner Zain Atiq’s name from the Passport Control List, finding that his continued placement on the list had no lawful basis. According to the judgment, Atiq was added to the list after he was deported from Turkiye in July 2022.

The judgment said the Federal Investigation Agency later recommended that his name be removed after the petitioner approached the authorities, noting that more than two years had passed since his deportation. However, the Passport Authority turned down his request on the ground of non-prosecution.

Court cites lack of lawful basis

The high court observed that a person deported for illegal entry or another prohibited act cannot remain on the Passport Control List indefinitely unless a competent authority approves such a step. It noted that the record before the court did not show that any competent authority had ever taken a decision to keep the petitioner’s name on the list.

The judgment further stated that the available record contained no evidence that Atiq had been convicted or that any criminal case was pending against him either in Pakistan or in Turkiye. The court also said there was no other legal justification to continue restricting his travel through the Passport Control List.

Referring to the Shireen Mazari case, the Islamabad High Court reiterated that curbs on a citizen’s right to travel can only be imposed by a lawful authority acting under the procedure prescribed by law. It held that the relevant authorities had not met those legal requirements in this case.

FIA recommendation could not be ignored without legal grounds

While the court observed that the Passport Authority is the final authority in such matters, it ruled that the FIA’s recommendation could not be set aside without sound legal reasons. The judgment said that, in the absence of pending criminal proceedings, any conviction by a competent court, or another lawful determination by a competent authority, the petitioner’s name could not continue to remain on the Passport Control List.

On that basis, the court directed the authorities to remove Zain Atiq’s name from the list immediately.