The Islamabad High Court (IHC) has ruled that citizens cannot face travel restrictions without proper legal authority and due process. It declared that placing a person’s name on the Passport Control List (PCL) without adhering to the established legal framework is unlawful.
In a comprehensive judgement, the court directed the removal of Zain Ateeq’s name from the PCL, stating there was no lawful justification for his continued inclusion. The court highlighted that Ateeq’s name was added to the list following his deportation from Turkiye in July 2022.
Meanwhile, the Federal Investigation Agency (FIA) had recommended removing his name after more than two years had passed since his application. Despite this, the Passport Authority rejected his request, citing non-prosecution as the reason.
The IHC emphasized that individuals deported for illegal entry or other prohibited acts cannot be kept on the PCL indefinitely without approval from a competent legal authority. The court noted that no authorized decision had ever been made to place or retain Ateeq’s name on the list.
Notably, the judgement found no evidence indicating that Ateeq had been convicted or was facing any criminal charges in Pakistan or Turkiye. Without a decision from a competent authority, the court ruled that his name could not legally remain on the PCL.
Referring to a previous ruling involving Shireen Mazari, the court reiterated that travel restrictions must be imposed only through lawful authority and in compliance with prescribed legal procedures.
In conclusion, the IHC found that authorities had failed to meet legal requirements in this case and identified no pending criminal proceedings, convictions, or other legal grounds to justify continuing the travel restrictions against Ateeq.
