The Lahore High Court (LHC) has issued fresh guidelines for the Federal Investigation Agency (FIA) on offloading outbound passengers, ruling that citizens cannot be stopped from travelling abroad on the basis of vague suspicions or unsubstantiated concerns.
In a detailed written verdict, the court set aside the FIA’s decision to stop a citizen from travelling to Nigeria despite him holding valid travel documents.
According to the ruling, the petitioner had completed immigration clearance and had even been issued a boarding card before he was suddenly offloaded. He told the court that the FIA stopped him only on the assumption that he might not return from Dubai.
The court noted that the passenger was not wanted in any case, inquiry, blacklist, or Exit Control List, and said the offloading caused him financial loss, mental distress, and reputational harm.
Justice Raheel Kamran, in a nine-page written judgment on the petition filed by citizen Muhammad Abbas, held that travelling abroad is a fundamental right protected under the Constitution. The court said the FIA does have powers in immigration matters, but those powers are not unlimited and must be exercised in a lawful, transparent, and fair manner.
The judgment made clear that recording reasons for offloading is not a formality but a legal requirement. It also observed that the petitioner’s explanation for travelling to Nigeria to visit his brother was not unreasonable, and that the FIA had failed to record any sound justification for rejecting his explanation.
The court further ruled that offloading a citizen who possesses a valid visa, ticket, and other travel documents is illegal unless there is a clear legal basis.
Along with setting aside the FIA’s action, the court also laid down guidelines for future cases. It said officers must record detailed and meaningful reasons whenever a passenger is offloaded. Questions asked from the traveler and the answers given must also be documented.
The judgment further said that, where possible, the interview or conversation should be preserved electronically. A copy of the offloading order or proforma must also be provided to the affected passenger.
The court also noted that the affected citizen is free to approach the relevant forum if he wishes to seek damages over the incident.
The ruling is likely to have wider implications for how immigration officials handle offloading at airports, especially in cases where passengers are stopped without a formal legal restriction or clearly stated reason.
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