PHC bars travel blacklists, orders 24-hour notice for listings

Court rules citizens must be informed 24 hours before names are placed on ECL, PNIL, PCL

PESHAWAR:

The Peshawar High Court on Thursday declared it illegal and a violation of fundamental rights to place any citizen’s name on the Exit Control List (ECL), Provincial National Identification List (PNIL), blacklist, or Passport Control List (PCL) without prior notice.

The court ruled that the Federal Investigation Agency, immigration authorities, NADRA, and other government agencies cannot impose restrictions on citizens’ freedom of movement without lawful justification. Citizens must now be informed at least 24 hours in advance if their names are to be included on such lists. The federal interior secretary has been directed to submit a compliance report within 30 days.

A two-member bench, comprising Justice Sahibzada Asadullah and Justice Dr Khurshid Iqbal, heard petitions regarding travel restrictions, passport confiscations, and non-renewal of documents for overseas Pakistanis. The 36-page written judgment was authored by Justice Sahibzada Asadullah.

The petitioners, including students enrolled in foreign universities and workers seeking employment abroad, had their names added to the PNIL, blacklist, and PCL without notice. Individuals such as Ahmad Khan, Muzammil, and Zulfiqar Ali Shah were affected, with some unable to return to Pakistan.

Read: Gandapur moves PHC against passport block, ECL inclusion

One petitioner, Hidayat Hussain, was reportedly detained at the airport for 12 to 48 hours and had his passport confiscated. Overseas Pakistanis in Qatar, Oman, and Saudi Arabia faced similar issues, with passport renewals delayed, jeopardizing their jobs and legal status.

The court observed that blacklists and the PNIL are administrative tools, not laws enacted by Parliament. By creating these lists, the executive had effectively bypassed the ECL ordinance, imposing restrictions without legal authority. The court emphasised that citizens’ right to travel is a fundamental human right under Articles 9 and 15 of the Constitution.

Refusal to renew passports or other travel documents was also ruled unlawful. The court clarified that the Directorate of Immigration and Passports is a facilitation body, not a security agency, and cannot restrict travel without proper authority. Decisions must rest with the federal government, and external recommendations cannot override statutory powers.

The court ordered that all pending applications of the petitioners be resolved within 15 days and that confiscated passports be returned. It further restrained all government departments from placing citizens’ names on travel control lists without issuing a show-cause notice and providing a reasoned order at least 24 hours in advance.