The Islamabad High Court (IHC) has delivered a significant ruling, stating that deportation from a foreign country due to visa overstay cannot serve as a valid reason to place a citizen's name on the Passport Control List (PCL). Justice Muhammad Asif authored a detailed four-page judgment addressing travel restrictions, directing authorities to remove the petitioner's name from the PCL immediately.
Court's Reasoning
The court held that mere deportation resulting from visa overstay does not constitute sufficient grounds for imposing travel restrictions. It emphasized that such restrictions require the existence of a crime, a security concern, or incontrovertible evidence. The judgment underscored that restricting a citizen's right to travel and work abroad without any criminal basis violates constitutional guarantees.
Constitutional Violations
The ruling cited violations of Articles 4, 9, 10-A, 15, 18, and 25 of the Constitution. Placing a person's name on the PCL without lawful justification infringes upon fundamental rights, the court noted. The federal government argued that the petitioner was deported from a Gulf country due to overstay and that the name was added to the PCL under a policy aimed at safeguarding other citizens' visas and protecting the country's reputation.
Policy vs. Constitution
The IHC rejected this justification, observing that policy considerations cannot override constitutional protections in the absence of lawful grounds. The court concluded that the impugned action was inconsistent with legal requirements and ordered authorities to immediately remove the petitioner's name from the PCL.
Background on PCL
In Pakistan, the Passport Control List, formerly known as the Black List, is a system used to monitor and potentially restrict the travel of individuals based on security or legal reasons. It is managed by the Directorate General of Immigration and Passports (DGI&P). Last week, the Lahore High Court (LHC) issued fresh guidelines restricting the Federal Investigation Agency (FIA) from offloading passengers traveling abroad without valid legal grounds. The LHC ruled that citizens possessing valid visas, tickets, and travel documents cannot be stopped merely on the basis of vague suspicions or apprehensions.
