The Islamabad High Court has ruled that a citizen cannot be placed on the Passport Control List merely for being deported from another country over visa overstay.
In a significant decision on overseas travel restrictions, the court declared the practice illegal and ordered the immediate removal of the affected citizen’s name from the Passport Control List.
Justice Muhammad Asif issued the detailed four-page verdict, making it clear that deportation on the basis of overstay alone does not justify curbing a citizen’s right to travel.
During the proceedings, the federal government argued that the citizen had been deported from a Gulf country after overstaying his visa. It told the court that, under policy, such names were placed on the Passport Control List to protect the visas of other Pakistani citizens and preserve the country’s image abroad.
The court, however, rejected that position.
In its ruling, the IHC said any travel restriction must be backed by a criminal case, a security concern, or clear and undeniable evidence. It held that, without any offence on record, there was no legal basis to restrict a citizen’s constitutional right to travel abroad and seek employment.
The court further observed that keeping the citizen’s name on the travel restriction list without lawful grounds was a clear violation of fundamental rights guaranteed under the Constitution.
The ruling is being seen as an important one for overseas Pakistanis and others facing travel restrictions, as it draws a clear line between immigration violations abroad and the legal threshold required to impose restrictions at home.
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