Visa overstay not grounds for travel ban: IHC

The Islamabad High Court (IHC) has ruled that deportation from a foreign country on the basis of visa overstay cannot justify placing a citizen's name on the Passport Control List (PCL).

Justice Muhammad Asif issued a detailed four-page judgment in a case concerning travel restrictions, ordering the removal of the petitioner's name from the PCL.

The court held that mere deportation due to visa overstay does not constitute sufficient grounds for imposing travel restrictions. It emphasized that such restrictions require the existence of a crime, a security concern, or incontrovertible evidence.

The judgment stated that restricting a citizen's right to travel and employment abroad without any criminal basis violates constitutional guarantees.

It cited violations of Articles 4, 9, 10-A, 15, 18 and 25 of the Constitution, noting that placing a person's name on the PCL without lawful justification infringes fundamental rights.

According to the ruling, the federal government argued that the petitioner was deported from a Gulf country due to overstay and that the name was added to the PCL under policy to safeguard other citizens' visas and protect the country's reputation.

However, the court rejected this justification, observing that policy considerations cannot override constitutional protections in the absence of lawful grounds.

The IHC concluded that the impugned action was inconsistent with legal requirements and ordered authorities to immediately remove the petitioner's name from the PCL.

In Pakistan, the PCL, formerly known as the Black List, is a system used to monitor and potentially restrict the travel of individuals based on security or legal reasons. It is managed by the Directorate General of Immigration and Passports (DGI&P).

Last week, the Lahore High Court (LHC) issued fresh guidelines restricting the Federal Investigation Agency (FIA) from offloading passengers travelling abroad without valid legal grounds.

The court ruled that citizens possessing valid visas, tickets and travel documents cannot be stopped merely on the basis of vague suspicions or apprehensions.