Law: Constitution of Pakistan, 1973

Section: 4, 9, 10A, 14, 15, 18, 25

Law: Exit from Pakistan (Control) Ordinance, 1981

Section: 2, 3

Law: Exit from Pakistan (Control) Rules, 2010

Section: RULE 2

Law: Passports Act, 1974

Section: 8, 8(2)

Law: Passports Rules, 2021

Section: 21, 22, 9(e)

SUMMARY i. Constitution of Pakistan, Article 9, 15- Liberty and Freedom of Movement- The Constitutional scheme of Pakistan, particularly under Articles 9 and 15, envisions a robust protection of liberty that cannot be curtailed by mere administrative fiat. Article 9 (Security of Person) has been interpreted expansively by the Superior Courts of Pakistan to include not just the safety of the body, but the freedom to live with dignity and the right to livelihood, both of which are inextricably linked to the freedom of movement. Article 15 specifically guarantees the right to remain in, enter, and move freely throughout Pakistan, subject only to reasonable restrictions imposed by law in the public interest. This phrasing, “imposed by law” is the constitutional lock against executive overreach; it demands that any restriction on movement must stem from a legislative enactment, not a departmental circular or an intelligence report. ii. Administrative law-Principles- It is a settled principle of administrative law that executive authority must be traceable to a statute. Reliance: Justice Qazi Faez Isa v. President of Pakistan (PLD 2022 SC 119) & Pakistan Muslim League (N) v. Federation of Pakistan (PLD 2007 SC 642). iii. Constitution of Pakistan, Article 10A- Right to be Informed-Prior notice- The most insidious and disturbing characteristic of the “Blacklist” and PNIL regimes, which impacts all categories of petitioners, is their inherent secrecy. Petitioners were frequently kept in the dark about their placement on these lists until they were arbitrarily offloaded at airports or denied essential consular services abroad. This clandestine operation directly contravenes Article 10-A of the Constitution, which elevates the Right to Fair Trial to a constitutional imperative. This fundamental right implicitly mandates adherence to the principles of natural justice, including the right to notice, the right to an opportunity to be heard, and transparency in decision-making. A citizen cannot be expected to defend against an accusation or a restriction when its very existence is concealed. The prevailing practice of “silent displacement of…