Summary Islamabad High Court declared that placing deported overstay individuals on the Passport Control List is unlawful and ordered removal of a petitioner’s name.
ISLAMABAD (Dunya News) – The Islamabad High Court has declared that including individuals deported for visa overstays on the Passport Control List (PCL) is unlawful, terming the practice a violation of fundamental constitutional rights.
In a detailed four-page judgment issued by Justice Muhammad Asif, the court directed authorities to remove a petitioner’s name from the PCL after finding that his inclusion was not legally justified.
The court observed that deportation solely on the basis of overstaying a visa does not constitute sufficient grounds for imposing travel restrictions. It stated that such restrictions require clear evidence of a criminal offence, national security concern, or other substantiated legal justification.
The judgment further held that placing a citizen on a travel restriction list without due process violates several constitutional provisions, including Articles relating to personal liberty, due process, dignity, and equality before the law.
According to the court, restricting a citizen’s right to travel and seek employment abroad without evidence of wrongdoing is inconsistent with fundamental rights guaranteed under the Constitution.
The federal government had argued that the petitioner was deported from a Gulf country due to overstaying and that his name was placed on the PCL under existing policy guidelines aimed at safeguarding visa integrity and protecting Pakistan’s international reputation.
However, the court ruled that administrative policy cannot override constitutional protections and emphasized that any restriction must meet strict legal standards.
The judgment underscores growing judicial scrutiny over the use of preventive travel restrictions and reinforces the requirement of due process before curtailing fundamental rights.
