๐ ๐๐๐ฆ๐ ๐๐๐ง๐ง๐จ๐ญ ๐๐ ๐๐ฅ๐๐๐๐ ๐จ๐ง ๐๐๐ ๐๐ฒ ๐ญ๐ก๐ ๐ ๐๐๐๐ซ๐๐ฅ ๐๐จ๐ฏ๐๐ซ๐ง๐ฆ๐๐ง๐ญ ๐ฐ๐ข๐ญ๐ก๐จ๐ฎ๐ญ ๐๐๐๐ซ๐ข๐ง๐ ๐๐ง๐ ๐๐ฎ๐ฌ๐ญ, ๐ ๐๐ข๐ซ ๐๐ง๐ ๐๐๐๐ฌ๐จ๐ง๐๐๐ฅ๐ ๐๐๐ฃ๐ฎ๐๐ข๐๐๐ญ๐ข๐จ๐ง: ๐๐๐
Justice Babar Sattar of the Islamabad High Court has recently ruled in a judgment that placement of a name on the Passport Control List is subject to an order passed in a just, fair and reasonable manner by the Federal Government or an officer authorized in this behalf by the Federal Government . The Court also held that there must be proper adjudication before passing any order with regard to placement of a name on the PCL.
In the case in hand, the petitioner’s name was placed on the PCL without informing him. The petitioner came to know when he was about to fly on the airport. The petitioner had previously been returned to Pakistan on emergency documents due the involvement in a criminal case in the UAE. Due to such an involvement, the DG passport and immigration had been advised to place his name on the PCL and he did so.
In this background, the Court analyzed the Passport Act, 1974 and the Rules framed thereunder extensively and deduced three-tier test for cancellation, impounding, confiscation or placement of ones’ name on PCL. It was held that none other than the Federal Government or an officer authorized by the Federal Government can cancel, impound, confiscate or place the name of a citizen on the PCL. Similarly, such an order by the Federal Government must pass the test ofย section 24A of the General Clauses Act, 1897, which requires that every order of a public authority must be passed in reasonable, just and fair manner. Further, the Court held that before passing such an order there must be proper adjudication and the citizen, whose name the Government desires to place on the PCL, must be heard.
The Court concluded that the petitioner was not heard by the Federal Government. No show-cause notice had been served on the petitioner by the Government. And finally there was also no order as to the impounding, cancellation or confiscation of the passport of the petitioner. The Court declared the order of the respondents illegal.
WP_130_of_2025_-_PCL_list_judgement_638748642877995152
