Law: Passports Rules, 2021

Section: 21,22

Law: Constitution of Pakistan, 1973

Section: 15

(a)    Passports Rules, 2021--- ----Rr. 21 & 22---Passport Control List (PCL), Placing name on PCL---Scope--Name of the petitioner was borne on the Passport Control List (PCL) on account /allegation of his illegal entry into Iran in an attempt to proceed to Europe--Validity---Under Rule 21 and Rule 22 of the Passports Rules, 2021 ( the Rules, 2021 ), names of the persons can be placed under category A and B for a period of five years---Said Rules evinced that two different categories have been set forth for inclusion of the name of a person under PCL; Category A for the persons accused of anti-state activities and Category B for the persons other than those involved in anti-state activities---Petitioner was not an accused of involvement in anti-state activities ; likewise, no criminal record had been brought on record by the official respondents, showing that the petitioner had ever been involved in any anti-state activities---Thus, the petitioner could not be restrained from moving, from one place to another, including departure from Pakistan---No material had been brought on record to demonstrate that the petitioner ever visited a foreign country illegally without travel documents--Hence, placing the name of petitioner on PCL by the official respondents was unlawful and of no legal effect---High Court directed the respondents to remove the name of the petitioner from the PCL forthwith---Constitutional petition was allowed accordingly. (b)    Constitution of Pakistan--- ----Art. 15---Passports Rules, 2021, Rr. 21 & 22---Passport Control List (PCL)--Placing name on PCL---Right to freedom of movement---Name of the petitioner was borne on the Passport Control List (PCL) on account /allegation of his illegal entry into Iran in an attempt to proceed to Europe---Validity ---Undoubtedly, when name of an individual is placed on PCL or ECL, his freedom of movement is curtailed and the same tantamounts to violation of fundamental rights and in such state of affairs, the authority is to be exercised by Executive sparingly after taking into account all relevant facts and circumstances---Right of an individual to travel abroad as…