The Federal Constitutional Court (FCC) has temporarily restored the federal government’s authority to block passports and impose travel restrictions after suspending a Lahore High Court (LHC) ruling that had struck down parts of the Passport Rules 2021.
According to Beyond Time News, the decision allows authorities to continue using the Passport Control List (PCL) and maintain travel bans until a final judgment is issued.
Court Suspends Earlier High Court Order
A three-judge bench headed by Justice Syed Hasan Azhar Rizvi heard the case on an appeal filed by the Directorate General of Immigration and Passports.
The FCC issued notices to all respondents, including officials of the Federal Investigation Agency.
The suspended LHC ruling had earlier declared that passport “inactivation” exceeded legal authority under the Passport Act, 1974.
Background of the Case
The case involves Farhan Ali from Vehari, who was deported from Iran. After returning to Pakistan, his passport was inactivated and his name was placed on the PCL, along with a five-year travel ban.
He challenged the action in the LHC, which ruled in his favor and termed the restrictions unlawful.
Government’s Argument
In its appeal, the government said the LHC struck down provisions that were not directly challenged in the petition.
Officials maintained that Ali’s deportation was linked to illegal exit and violation of immigration laws.
They also stressed that Pakistan must comply with international commitments to combat human trafficking and illegal migration.
Legal Position Explained
Authorities argued that the Passport Act allows the government to regulate travel documents and delegate authority to the passport department.
They further stated that the power to cancel or impound a passport also includes the ability to temporarily inactivate it.
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Broader Security Concerns
The government linked such measures to efforts aimed at preventing human trafficking and curbing illegal migration networks.
It also emphasized that the constitutional right to travel abroad is not absolute and can be restricted under law.
Case Pending Final Verdict
With the FCC’s interim order, existing travel restrictions will remain in place until a final decision is announced. The case is expected to set an important precedent on passport control powers in Pakistan.
