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IHC rules citizens cannot be placed on PCL without legal procedure

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The Islamabad High Court ruled that no citizen can be placed on the Passport Control List without due legal process and ordered removal of Zain Ateeq’s name from the PCL

ISLAMABAD (Dunya News) – The Islamabad High Court has ruled that no citizen’s name can be placed on the Passport Control List (PCL) without following due legal procedure and obtaining approval from the competent authority.

Justice Muhammad Azam Khan issued a five-page written verdict, ordering the removal of citizen Zain Ateeq’s name from the Passport Control List. According to the court, the petitioner’s name was added to the PCL after he was deported from Turkey in July 2022.

The verdict stated that upon the petitioner’s request, the Federal Investigation Agency recommended removing his name from the PCL after more than two years. However, the passport authority rejected the request on grounds of non-compliance.

The court held that a person deported for illegal entry or any prohibited act cannot be kept on the Passport Control List indefinitely without approval from a competent authority.

The court observed that no evidence was available on record to show that any competent authority had decided to keep the petitioner’s name on the PCL. It further noted that no conviction or pending criminal case exists against the petitioner in either Pakistan or Turkey.

Referring to the Shireen Mazari case, the written judgment stated that travel restrictions on citizens can only be imposed under lawful authority and through prescribed legal procedure, adding that the relevant authorities failed to meet legal requirements in the present case.

The court further ruled that although the passport authority holds final authority in such matters, recommendations made by the FIA cannot be ignored without reasonable and solid grounds.

The Islamabad High Court clarified that no criminal proceedings are pending against the petitioner, no conviction exists, and no legal basis remains to justify keeping his name on the Passport Control List.

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