ISLAMABAD: The Islamabad High Court (IHC) has declared unconstitutional a provision of the Passport Rules, 2021, that permitted the placement of citizens’ names on the Passport Control List (PCL) on recommendations from government agencies or departments without clearly identifying a competent authority or providing adequate legal safeguards.
Justice Raja Inaam Ameen Minhas, in a detailed judgement, declared the second limb of Rule 22(2)(b) ultra vires the Passports Act, 1974, as well as Articles 4, 9, 10A and 15 of the Constitution.
The ruling came in a petition filed by Moinuddin, who was stopped at Islamabad International Airport on December 18, 2025, while travelling to Saudi Arabia for Umrah.
Citizen Stopped Despite Valid Passport and Visa
The petitioner held a valid Pakistani passport, a Saudi visa and a confirmed air ticket. However, he was not informed of the reason for being prevented from travelling.
The court noted that his passport had never been impounded, confiscated, cancelled or inactivated. Its issuance or renewal had also never been refused.
In this regard, Moinuddin’s name had been placed on the PCL on December 24, 2024, following a recommendation from NCB-INTERPOL that was forwarded by an FIA official.
The action was linked to his deportation from the United Kingdom following a conviction for causing death by dangerous driving while under the influence of alcohol. He had served a three-year sentence before being deported.
The IHC observed that the petitioner had completed his sentence and that no criminal case, investigation or inquiry was pending against him in Pakistan. He was also not a proclaimed offender or the subject of an extradition request.
The court rejected the authorities’ justification that retaining his name on the PCL was necessary because his conduct had affected Pakistan’s international reputation and that the restriction would serve as a deterrent.
The judgement held that such grounds were not provided under the Passports Act or the Passport Rules.
Justice Minhas emphasised that refusing to issue a passport and preventing a person from travelling on an already valid passport are separate exercises of legal authority.
The court found that the relevant rules did not clearly establish who had the authority to place a citizen’s name on the PCL under the disputed provision.
It further noted that the order referred vaguely to approval by a “competent authority” without identifying the authority, the legal provision relied upon or the material supporting the decision.
IHC Orders Removal of Name From PCL
It declared the petitioner’s PCL placement without lawful authority and of no legal effect.
The IHC directed the authorities to remove Moinuddin’s name from the PCL within 15 days of receiving a certified copy of the judgement and ordered that his lawful foreign travel should not be obstructed on the basis of the disputed placement.
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The court, however, clarified that authorities could still take action where legally warranted, provided they followed the prescribed procedure. Copies of the judgement were also sent to the Interior Secretary, Directorate General of Immigration and Passports and FIA Director General for compliance.
