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The Islamabad High Court (IHC) has ruled that citizens cannot be subjected to travel restrictions without lawful authority and due process, declaring the continued inclusion of a petitioner’s name on the Passport Control List (PCL) to be illegal.

The court ordered the removal of petitioner Zain Ateeq’s name from the PCL. He had been placed on the list after being deported from Türkiye in July 2022.

During the proceedings, the Federal Investigation Agency (FIA) informed the court that it had recommended removing the petitioner’s name because more than two years had elapsed since his deportation. However, the Directorate General of Immigration and Passports declined the recommendation, citing non-prosecution.

The IHC held that deportation for illegal entry or any other violation does not justify keeping an individual on the Passport Control List indefinitely. It observed that no evidence was presented to show that a competent authority had approved the petitioner’s continued placement on the list.

The court also noted that the petitioner was neither facing any criminal proceedings nor had any conviction in Pakistan or Türkiye. Citing its earlier judgment in the Shireen Mazari case, the IHC reiterated that a citizen’s right to travel can only be restricted under the law and through due process.

Concluding that there was no legal basis for the restriction, the court declared the petitioner’s continued inclusion on the Passport Control List unlawful and directed the authorities to remove his name.

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