Peshawar High Court Bans Secret Travel Blacklists Without Notice
The Peshawar High Court has declared secret travel bans illegal. On Thursday, it ruled that placing citizens on the Exit Control List (ECL) without notice violates fundamental rights. The court also covered similar lists like the PNIL, blacklist, and Passport Control List.
Government Agencies Cannot Act Alone
The Federal Investigation Agency (FIA) and immigration authorities now face restrictions. NADRA and other agencies cannot limit freedom of movement without lawful justification. Citizens must receive at least 24 hours’ notice before their name appears on any such list. The interior secretary must submit a compliance report within 30 days.
Who Brought the Petitions?
A two-member bench heard the case. Justice Sahibzada Asadullah and Justice Dr Khurshid Iqbal presided over it. The petitions addressed travel restrictions and passport confiscations. Many overseas Pakistanis faced non-renewal of their documents.
The petitioners included students in foreign universities. Workers seeking employment abroad were also affected. Their names appeared on the PNIL, blacklist, and PCL without any warning. Individuals like Ahmad Khan, Muzammil, and Zulfiqar Ali Shah faced serious issues. Some could not even return to Pakistan.
Harrowing Experiences Shared
One petitioner, Hidayat Hussain, suffered greatly. Authorities detained him at the airport for 12 to 48 hours. They also confiscated his passport without explanation. Overseas Pakistanis in Qatar, Oman, and Saudi Arabia faced similar problems. Their passport renewals faced unexpected delays. This jeopardized their jobs and legal status abroad.
Court’s Sharp Observations
The court noted that blacklists and the PNIL are not laws. They are merely administrative tools created by the executive. Therefore, the government bypassed the proper ECL ordinance. It imposed restrictions without any legal authority. The court emphasized that the right to travel is fundamental. Articles 9 and 15 of the Constitution guarantee it.
Refusing to renew passports is also unlawful. The Directorate of Immigration and Passports is a facilitation body. It is not a security agency and cannot restrict travel alone. Only the federal government holds that authority.
What the Court Ordered
The court gave clear directions for compliance. All pending applications of the petitioners must be resolved within 15 days. Confiscated passports must be returned immediately. Government departments cannot place names on travel lists without proper process. They must issue a show-cause notice first. They must also provide a reasoned order at least 24 hours in advance.
