| Citation(s) |
|---|
| 2025 SLG 1421 2025 SLD 1421 = 2025 LHC 3866 = 2026 PLD 195 |
Writ Petition No.4166 of 2025
Anwaar Hussain, J.
Date of Hearing: 04.06.2025 Petitioner by: Mr. Muhammad Ajmal Adil, Advocate. Mr. Muhammad Wasif Shahzad, Advocate.
Respondents No.1, 3 and 4 by: Mirza Nasar Ahmad, Additional Attorney General. Mr. Asad Ali Bajwa, Deputy Attorney General. Mr. Muhammad Anwar Khan, Assistant Attorney General. Khurram Agha, Secretary Interior, Government of Pakistan. H.M. Azeem, Assistant Director, FIA, Lahore.
Respondents No.2 and 5 to 7 by: Mr. Imran Khan, Assistant Advocate General. Noor-ul-Amin Mengal, Secretary Home Department, Punjab. Ihsan Ali Jamali, Addl. Secretary (IS), Home Department. Afzal Bashir, Deputy Secretary (Legal) Home Department. Rashid Minhas, Deputy Secretary (Legal-II), Home Department. Irshad Ahmad, Section Officer (IS-I), Home Department. Sahibzada Bilal Umar, CPO, Faisalabad. Ubaid Ullah, DSP (Legal), Faisalabad. Rizwan Shaukat, SHO, Samanabad, Faisalabad. Malik Khuda Yar, Inspector Legal, IGP Office, Lahore. Babar Ali, ASI.
Shahid Javed
VS
. Government of Pakistan, etc.
Law: Passports Rules, 2021
Section: 22(2)(b)
Law: Constitution of Pakistan, 1973
Section: 15
SUMMARY: Travel Restriction
The petitioner challenged the order dated 29.11.2024, which upheld the inclusion of his name on the Passport Control List (PCL) despite being on confirmed bail in a criminal case. The court held that placing a citizen’s name on the PCL merely due to registration of a criminal case, without notice, hearing, or any established pattern of evasion, violates Article 15 of the Constitution guaranteeing the right to freedom of movement. The court found the executive action arbitrary, lacking procedural safeguards, and based on misrepresentation, and therefore ordered the removal of the petitioner's name from the PCL.
Sections/Provisions Used:
Rule 22(2)(b), Passports Rules, 2021