Summary: (a) Constitution of Pakistan –– Arts. 15 & 199 –– Passports Act, 1974 –– Passports Rules, 2021, R. 22(2)(b) –– Placement of name on Passport Control List (PCL) –– Right to freedom of movement –– Requirement of procedural fairness –– Scope and limitations. Inclusion of petitioner’s name on the Passport Control List (PCL), despite his confirmed pre-arrest bail in a pending criminal case, held to be unconstitutional and violative of fundamental rights under Art. 15 of the Constitution––Court observed that Rule 22(2)(b) of the Passports Rules, 2021 permits recommendation for PCL placement, but such discretion must be exercised with procedural safeguards––No notice was issued nor any opportunity of hearing provided to the petitioner––Court held that mere registration of a criminal case or unverified apprehension of flight risk is insufficient ground to curtail a citizen’s liberty of movement, particularly when the petitioner had already submitted to the jurisdiction of the Court––Held further, that placement on the PCL without transparent criteria, structured guidelines, or individualized justification amounts to arbitrary executive action in derogation of constitutional guarantees. Disposition: Petition allowed; impugned order dated 29.11.2024 set aside; respondents directed to remove petitioner’s name from the PCL. (b) Constitution of Pakistan –– Art. 10A –– Due process –– Procedural safeguards –– Necessity of hearing before adverse action –– Executive discretion –– Judicial review. Held, that even if Rule 22(2)(b) of the Passports Rules permits placement of a person’s name on PCL upon recommendation of government departments, such authority must be exercised in accordance with principles of natural justice––Failure to issue notice or provide hearing renders the decision procedurally unfair––Executive discretion, if exercised in an unstructured or blanket manner, becomes vulnerable to constitutional challenge––Judiciary is empowered under Art. 199 to strike down such action where no lawful justification is provided and the affected party’s right to be heard has been denied. Cited case: Naveed Asghar v. The State (PLD 2021 SC 600) [cited in a similar context in related jurisprudence]. (c) Criminal Procedure Code, 1898 –– Ss. 91, 204, 512, 514 –– Bail –– Trial management –– Powers of Trial Court to ensure presence of accused. Court held that the contention of the Police that the petitioner’s presence in trial necessitated retention of his name on PCL was misconceived––Once bail is granted, it is presumed the accused will comply with Court directives––Trial Court has sufficient powers under Cr.P.C. to compel appearance, grant exemption, or cancel bail upon non-compliance––Executive agencies cannot override judicial discretion by imposing travel bans based on speculative concerns––Judicial mechanism for enforcement of trial presence must be respected. (d) Administrative law –– Rule 22(2)(b) of the Passports Rules, 2021 –– Interpretation –– Narrow construction to avoid arbitrariness –– Executive action based on misrepresentation –– Effect. Held, that Rule 22(2)(b) confers limited and recommendatory power upon government departments to request placement of individuals on PCL––Where such recommendation is based on incorrect or misleading facts, including assertions that the petitioner was evading arrest when he was on bail, the resultant action is void ab initio––Court emphasized that fundamental rights cannot be suspended based on flawed or routine administrative procedures––Rule must be construed narrowly to avoid arbitrary deprivation of liberty––Presumption of innocence remains intact until conviction, and travel restrictions cannot be imposed absent compelling reasons tested through proper procedure.

Summary: (a) Constitution of Pakistan: ----Arts. 9, 10-A & 15 Right to liberty and international travel—Placement of a citizen’s name on the Passport Control List (PCL) without due process—Scope—Petitioner’s name was placed on the PCL, preventing him from traveling to Oman despite possessing a valid passport and work visa—No show cause notice was issued nor was the petitioner provided an opportunity to be heard—Held, that restricting a citizen’s right to liberty and international travel under Articles 9 and 15 of the Constitution must be exercised strictly in accordance with law—Placement of name on the PCL without affording due process contravened Article 10-A of the Constitution—Authority to impose restrictions on travel must be preceded by a reasoned order under section 8 of the Passport Act, 1974—Placing a citizen’s name on the PCL arbitrarily was declared to be without lawful authority. ----Cited Cases: • Dr. Shireen M. Mazari v. Federation of Pakistan (2024 MLD 1020) • PML(N) v. Federation of Pakistan (PLD 2007 SC 642) • Syed Zulfiqar Abbas v. Federation of Pakistan (PLD 2019 Islamabad 316) • Sheikh Shan Ilahi v. Federation of Pakistan (PLD 2023 Lahore 359) • Tabish Badar v. Ministry of Interior (2023 CLC 1457) (b) Passport Act, 1974: ----S. 8 & 11— Placement of name on Passport Control List (PCL) without prior determination of passport inactivation, impoundment, or cancellation—Validity—Power to restrict a citizen’s travel vests in the Federal Government, which must issue a reasoned order before taking such action—Held, that under section 8 of the Passport Act, no penal action may be taken against a citizen without a reasoned order issued by the Secretary to the Federal Government or an authorized officer—No such order was placed on record in the present case—Placement of a name on the PCL without fulfilling statutory prerequisites rendered the action ultra vires. (c) Passport Rules, 2021: ----Rr. 21, 22 & 23— Inactivation, impoundment, confiscation, or cancellation of a passport—Procedural safeguards—Respondents cited Rules 21 and 22 as grounds for placing the petitioner on the PCL—Held, that impounding or inactivating a passport constitutes a penal action requiring prior notice and opportunity to be heard—Under Rule 23(4), only a Head of Pakistan Mission abroad may impound a passport of a citizen residing abroad, which must then be forwarded to the Director General or Additional Secretary, Ministry of Foreign Affairs, for further action—No evidence was presented showing compliance with these procedural requirements—Placement of petitioner’s name on the PCL was set aside. (d) Administrative Authority—Due Process: ----Exercise of discretion—Placement of a citizen’s name on the PCL without application of mind—Legality—Assistant Director of the Directorate of Immigration and Passport placed the petitioner’s name on the PCL without lawful delegation of authority—Held, that discretionary powers under the Passport Act must be exercised by the Federal Government or an authorized officer through a reasoned order—Mechanical placement of names on the PCL without determining relevant grounds under Rule 23(6) is a colorable exercise of power and is unsustainable in law. (e) Disposition: Writ petition allowed—Placement of the petitioner’s name on the Passport Control List (PCL) was declared illegal for being in violation of section 8 of the Passport Act, 1974, and Articles 9, 10-A, and 15 of the Constitution—Respondents were directed to remove the petitioner’s name from the PCL forthwith and ensure no obstruction to his travel.