IHC voids law allowing agencies to curb travel
ISLAMABAD: The Islamabad High Court (IHC) has declared unconstitutional a provision of the Passport Rules, 2021, that allowed the placement of a citizen’s name on the Passport Control List (PCL) on the recommendation of government agencies or departments without identifying a competent authority or providing legal safeguards. Justice Raja Inaam Ameen Minhas, in a detailed judgement, declared the…
The Islamabad High Court (IHC) has declared unconstitutional a provision in the Passport Rules, 2021, that allowed government agencies to place a citizen's name on the Passport Control List (PCL) without a competent authority or legal safeguards. The court ruled that this provision, specifically Rule 22(2)(b) of the Passport Rules, is ultra vires the Passports Act, 1974, and violates Articles 4, 9, 10A, and 15 of the Constitution.
The decision was made in the case of Moinuddin, who was stopped from traveling to Saudi Arabia for Umrah despite having a valid passport, visa, and ticket. The court found that the agency had no authority to restrain a citizen from traveling on a valid passport and rejected the justification that the citizen's conduct had adversely affected Pakistan's reputation.
The IHC emphasized that the power to refuse a passport and prohibit travel are separate exercises of jurisdiction.
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