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.
asserted
that → declare → 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, and Articles 4, 9, 10A and 15 of the Constitution, holding that it was of no legal effect.
asserted
it → declare → effect
The judgement was issued on a petition filed by Moinuddin, who was offloaded at Islamabad International Airport on Dec 18, 2025, while travelling to Saudi Arabia for Umrah.
asserted
who → issue → Umrah
He possessed a valid Pakistani passport, a valid Saudi visa and a confirmed air ticket, but no reason was communicated to him for stopping him from travelling.
asserted
reason → possess → him
The court noted that his passport had never been impounded, confiscated, cancelled or inactivated, nor had its issuance or renewal been refused.
asserted
issuance → note → ?
The dispute, therefore, centred on the question whether the agency had the authority to restrain a citizen from travelling on a valid passport.
asserted
agency → centre → passport
According to the judgement, his name was placed on the PCL on Dec 24, 2024, on the recommendation of NCB-INTERPOL, forwarded by the FIA’s Assistant Director (Immigration Wing).
uncertain
name → accord → Director
The action followed his deportation from the UK after his conviction for causing death by dangerous driving while under the influence of alcohol.
asserted
action → follow → alcohol
He had served a three-year sentence.
asserted
He → serve → sentence
The court noted that he had completed his sentence and been deported, while no criminal case, inquiry or investigation was pending against him in Pakistan.
asserted
case → note → Pakistan
He was neither a proclaimed offender nor the subject of an extradition request.
asserted
He → proclaim → request
The IHC rejected the justification provided by the passport authorities to retain his name on the PCL that his conduct had adversely affected Pakistan’s reputation and that the placement was intended to create deterrence.
asserted
placement → reject → deterrence
The court observed that these grounds were not contained in the Passports Act or the Passport Rules.
asserted
grounds → observe → Act
Rule 21 dealt with refusal of a passport and did not authorise restraint of a citizen who already possessed a valid passport, the judgement stated.
asserted
judgement → deal → passport
“The refusal of a passport and the prohibition of travel are two separate exercises of power,” Justice Minhas observed, declaring that the function of the relevant division and directorate general to “prepare and maintain” the PCL was administrative and did not itself confer jurisdiction to decide whose name could be placed on the list.
uncertain
name → observe → list
The court pointed out that Rule 22(2) referred to individuals whose passport facilities had been refused.
asserted
facilities → point → individuals
Moinuddin had never been refused a passport.
asserted
Moinuddin → refuse → passport
It also noted that Rule 22(2)(a) specifically identified the additional secretary of the relevant division as the authority competent to place and remove names in Category A, whereas clause (b) identified no such authority.
asserted
Rule → note → authority
The IHC held that neither the directorate general of FIA nor NCB-INTERPOL possessed the authority to place the petitioner’s name on the PCL in the circumstances of the case.
asserted
directorate → hold → case
It observed that the impugned order merely stated that it had been issued with the approval of the “competent authority” without identifying that authority, the legal provision invoked or the material on which the decision was based.
asserted
decision → observe → which
The court found that the impugned provision provided no competent authority, objective criteria, notice, hearing, reasons or communication of the decision, meaning that a citizen could learn of the restriction only after being stopped at the immigration counter.
uncertain
citizen → find → counter
The judgement declared the second limb of Rule 22(2)(b) — allowing PCL placement on the recommendations of government agencies or departments — beyond Sections 8 and 13 of the Passports Act and inconsistent with the Constitution.
asserted
judgement → declare → Constitution
About the reasons of “international reputation” and “deterrence”, the court held that since the petitioner had completed his sentence and no proceedings were pending against him, the restraint had no “live and proximate nexus with a present necessity”.
asserted
restraint → hold → necessity
“Gravity does not supply jurisdiction,” it said.
asserted
it → supply → jurisdiction
Expressing displeasure over the authorities’ failure to comply with an earlier order, the IHC directed them to decide the petitioner’s application within one week through a speaking and well-reasoned order.
asserted
IHC → express → order
The court consequently set aside the Jan 26, 2026, order of the agency and declared the petitioner’s placement on the PCL on Dec 24, 2024, without lawful authority and of no legal effect.
asserted
court → set → effect
It directed the authorities to remove his name from the PCL within 15 days of receiving a certified copy of the judgement and not to interfere with his lawful foreign travel on the basis of the impugned placement.
asserted
It → direct → placement
The court clarified that the competent authority could still take action warranted by law after following the prescribed procedure.
uncertain
authority → clarify → procedure
Copies of the judgement were sent to the Interior Secretary, Immigration and Passports DG and FIA DG for compliance.
asserted
Copies → send → compliance
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