| Citation(s) |
|---|
| 2026 SLG 2122 2026 SLD 2122 = 2026 SHC 770 |
Sindh High Court
Constitutional Petition No. D-1648 of 2026/Constitutional Petiti
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order: 30.3.2026 Ms. Samreen Ali Rizvi advocate for the petitioner Ms. Wajiha Mehi Assistant Attorney General Mr. Amin Ahmed Additional Director Passport
Constitutional Petition No. D-1648 of 2026/Constitutional Petiti
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order: 30.3.2026 Ms. Samreen Ali Rizvi advocate for the petitioner Ms. Wajiha Mehi Assistant Attorney General Mr. Amin Ahmed Additional Director Passport
(Muhammad Rizwan
VERSUS
Federation of Pakistan & others) on No. D-1649 of 2026 (Usama versus Federation of Pakistan & others)
Law: Constitution of Pakistan, 1973
Section: 199,4, 9, 10-A, 15, 20
Law: Passports Rules, 2021
Section: Rule 22(2)(b)
Summary The petitioners invoked Article 199 of the Constitution seeking removal of their names from the Exit Control List (ECL), Passport Control List (PCL), and PNIL after their acquittal and quashment of FIR No. 04/2023. They argued that continued restriction on travel was unlawful, arbitrary, and violative of their fundamental rights, particularly the right to movement and travel abroad. The Court held that once the criminal proceedings had ended in acquittal and the FIR was quashed, there remained no lawful justification for maintaining their names on restrictive lists. It was concluded that such continued placement amounted to an illegal restraint on fundamental rights. Accordingly, the petition was allowed and authorities were directed to remove the petitioners’ names from all restrictive lists and permit them to travel freely. Sections / Legal Provisions Used Article 199 — Constitution of Pakistan, 1973 Articles 4, 9, 10-A, 15, 20 — Fundamental Rights Rule 22(2)(b) — Passport Rules, 2021 2 × Two-Word Case Descriptions Travel Rights ECL Removal ORDER Petitioners have filed theses Constitutional Petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer(s): - α. To declare that the continued inclusion/retention of the name of the petitioner in the Exit Control List (ECL) /PCL/PNIL and/ or any other restrictive list by the respondents, despite his acquittal vide order dated 26.08.2025, is illegal, unlawful, ab initio void and of no legal effect; To direct the respondents to immediately remove the name of the petitioner from the Exit Control List (ECL) /PCL/PNIL and/ or any other hidden or undisclosed restrictive list maintained by the respondents; To allow the petitioner to travel abroad freely to perform his religious obligation of Umarah and for any other lawful purpose. The petitioner’s counsel contends that the petitioners are law-abiding citizens, who were implicated in FIR No. 04/2023 but were subsequently honorably acquitted by the competent court vide order dated 26-08-2025. He added that despite their…