IHC strikes down PCL placement provision
“The Islamabad High Court (IHC) has declared unconstitutional and without legal effect a provision of the Passport Rules, 2021 that allowed the names of citizens to be placed on the Passport Control Li…”
The court held that the provision imposed an unguided restraint on the constitutional right to travel. In a detailed judgment on a writ petition filed by a citizen, IHC's Justice Inaam Ameen Minhas also set aside an order refusing to remove the petitioner's name from the PCL and declared his placement on the list without lawful authority.
The court directed the relevant authorities to remove the petitioner's name from the PCL within 15 days of receiving a certified copy of the judgment and restrained them from interfering with his lawful foreign travel on the basis of the impugned placement.
The petitioner, Moin Ud Din, had challenged an order dated January 26, 2026, which rejected his request for removal from the PCL.He had earlier been offloaded at Islamabad International Airport on December 18, 2025, while travelling to Saudi Arabia for Umrah despite holding a valid passport, a valid Saudi visa and a confirmed air ticket., the authorities gave him no reason when they stopped him.
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The petitioner had previously approached the IHC, which on January 15, 2026 directed the authorities to decide his pending applications through a speaking and well-reasoned order after providing him an opportunity to be heard. He was subsequently given a personal hearing on January 23.
However, the authorities communicated no order within the stipulated period, prompting him to file a contempt petition. Following issuance of notice in that matter, the authorities placed the impugned order before the court.
The record showed that the petitioner's name had been placed on the PCL on December 24, 2024, following a recommendation from the National Central Bureau of INTERPOL, which was forwarded by the Federal Investigation Agency (FIA).
The recommendation was based on his deportation from the United Kingdom following his conviction for causing death by dangerous driving while under the influence of alcohol. He had been sentenced to three years in prison.
The authorities defended the PCL placement on the grounds that the petitioner's conduct adversely affected Pakistan's international reputation and that such placement served as a deterrent. The petitioner's counsel argued that he had already served his sentence and been deported, and no criminal case, inquiry or investigation was pending against him in Pakistan.
He was neither a proclaimed offender nor the subject of an extradition request, and his passport had never been impounded, confiscated or cancelled.
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