The Islamabad High Court (IHC) has declared a provision allowing citizens to be placed on the Passport Control List (PCL) on the recommendation of government agencies as unconstitutional.
Justice Raja Inaam Amin Minhas issued the ruling on a petition filed by a citizen, Moeenuddin, who was stopped from travelling abroad for Umrah.
The court ruled that citizens cannot be prevented from travelling abroad or removed from flights without clear legal authority and compliance with due process.
It declared Rule 22(2)(b) of the Passport Rules 2021 inconsistent with the Constitution, holding that authorities must have explicit legal powers before restricting a citizen’s right to travel.
The court directed the authorities to remove Moeenuddin’s name from the PCL within 15 days.
The IHC also expressed displeasure over the failure of passport and immigration authorities to comply with its earlier orders.
The court noted that on January 15, 2026, it had directed the authorities to decide the petitioner’s application within a week. However, no decision was issued until contempt proceedings were initiated and notices were served.
The court observed that the report subsequently submitted by the passport authorities, described as a “speaking order”, did not meet the legal requirements of such an order.
It noted that the report contained no reference to the relevant legal provision, competent authority or applicable rules.
The court held that an order issued in such a manner could not be treated as a valid speaking order.
It further observed that compliance with court orders was not a mere formality and directed all parties to treat judicial directives accordingly.
