IHC voids law allowing agencies to curb travel

The Islamabad High Court (IHC) has ruled the Passport Rules, 2021 provision unconstitutional, which permitted government agencies to place a citizen's name on the Passport Control List (PCL) without specifying a competent authority or providing legal safeguards. Justice Raja Inaam Ameen Minhas declared Rule 22(2)(b) of the Passports Act, 1974, and Articles 4, 9, 10A and 15 of the Constitution as invalid, making it of no legal effect.

The ruling pertained to a case involving Moinuddin, who was denied entry to Saudi Arabia while traveling for Umrah in December 2025. Despite holding a valid Pakistani passport, a valid Saudi visa, and a confirmed air ticket, he was stopped at Islamabad International Airport with no explanation. His name was placed on the PCL on December 24, 2024, following his deportation from the UK after serving a three-year sentence for dangerous driving while under the influence of alcohol.

The court held that this action had no legal basis, as Moinuddin had completed his sentence and no criminal proceedings were pending against him in Pakistan. The IHC found that neither the Directorate General of FIA nor NCB-INTERPOL had the authority to place Moinuddin's name on the PCL, as there was no competent authority identified in the impugned order.

The court emphasized that the refusal of a passport and the prohibition of travel were separate powers, with the latter requiring a specific competent authority and legal grounds. The IHC directed the authorities to decide Moinuddin's application within a week, providing a reasoned and speaking order. The court set aside the agency's Jan 26, 2026, order, declaring the petitioner's placement on the PCL on December 24, 2024, without lawful authority and of no legal effect.

The agency was instructed to remove Moinuddin's name from the PCL within 15 days of receiving the judgement and not to interfere with his lawful foreign travel based on the impugned placement.