ISLAMABAD: The Islamabad High Court (IHC) has ruled that authorities cannot impose overseas travel bans or remove citizens from flights without legal authority and due process.
In a petition concerning a citizen stopped from travelling for Umrah, the court struck down a provision governing travel restrictions. It declared the relevant provision of Rule 22(2)(b) of the Passport Rules 2021 inconsistent with the Constitution. That provision allowed government agencies to recommend names for the Passport Control List (PCL).
Justice Raja Inaam Amin Minhas issued the ruling on Moeenuddin’s petition.
The court said authorities must establish their legal power to restrict travel and follow the prescribed procedure. It also criticised passport and immigration officials for failing to comply with an earlier direction in the case.
On January 15, the court had instructed authorities to decide the petitioner’s application within a week. Officials issued no order until contempt proceedings began and they received notices.
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Passport authorities subsequently submitted a report labelled a “speaking order”. However, the court found that it identified neither the relevant legal provision nor the competent authority. It also contained no reference to the applicable rules.
The court said the document did not qualify as a valid reasoned order. Compliance with judicial directions required more than a formality.
The ruling directed authorities to remove Moeenuddin’s name from the PCL within 15 days.
