Summary: (a) Constitution of Pakistan, 1973 ----Arts. 15 & 199—Freedom of movement—Blocking of passport—Scope—Held, every citizen has the fundamental right to enter, remain in, and move freely throughout Pakistan, and to travel abroad subject only to reasonable restrictions imposed by law in the public interest—Blocking of a citizen’s passport without notice, hearing, or lawful authority amounts to violation of due process, liberty, and freedom of movement guaranteed by the Constitution—Petitioner’s passport was blocked without issuance of any show-cause notice or order, which constituted arbitrary exercise of power and was void ab initio. (b) Passports Act, 1974 and Passports Rules, 2021 ----R. 22—Passport Control List (PCL)—Authority of Federal Government—Interpretation—Under R.22 of the Passports Rules, 2021, the power to regulate departure from and entry into Pakistan, and to maintain the Passport Control List, vests exclusively in the Federal Government, i.e., the Prime Minister and Cabinet collectively, and not in individual agencies such as FIA—Any blocking or inclusion of a person’s name in the PCL without Cabinet approval or due process is unlawful—Reliance placed on Messrs Mustafa Impex, Karachi v. Government of Pakistan (PLD 2016 SC 808), Controller General of Accounts v. Fazil Ahmad (2021 SCMR 800), Government of Sindh v. Dr. Nadeem Rizvi (2020 SCMR 1), and Dr. Shireen M. Mazari v. Federation of Pakistan (2024 MLD 1020 Islamabad). (c) Administrative law—Exercise of statutory power—When a statute prescribes a specific mode for doing an act, that mode must be followed; any deviation vitiates the action—Blocking of passport without prior notice, reasons, or opportunity of hearing held to be contrary to law and legislative intent—Reliance placed on Dr. Shireen M. Mazari v. Federation of Pakistan (2024 MLD 1020), Rasikh Ellahi v. Federation of Pakistan (2024 YLR 2616), Farah Mazhar v. Federation of Pakistan (PLD 2022 Lahore 119), and Syed Zulfiqar Abbas Bukhari v. Federation of Pakistan (PLD 2019 Islamabad 316). (g) Disposition— Writ petition allowed—Blocking of petitioner’s passport declared illegal—Respondents directed to forthwith unblock Passport No. HF2740613. ---"Blocking of the Petitioner’s Passport violates his fundamental rights to due process, liberty, life, and freedom of movement, all of which are guaranteed by the Constitution. It is a well-established principle of law that when the law mandates a particular thing to be done in a particular manner, it has to be done accordingly, otherwise, it constitutes non-compliance with the legislative intent. In this regard reliance is placed upon Dr. Shireen M. Mazari Versus FOP etc., 2024 MLD 1020, Rasikh Ellahi Versus FOP etc., 2024 YLR 2616, Tariq Shafi Versus FOP etc., W.P. No. 224/2024 , Faisal Maqbool Sheikh Versus FOP etc., Fawad Ahmed Versus FOP etc., WP 2129/2024, Sadaf Sharjeel Versus NAB etc., 2022 YLR 2441, Farah Mazhar Versus FOP etc., PLD 2022 Lahore 119, Syed Zulfiqar Abbas Bukhari Versus FOP etc., PLD 2019 Islamabad 316, Dr. Joseph Wilson Versus FOP etc., 2017 PCrLJ 1569, Mahboob Ali Abro Versus Ayan Ali etc., 2016 PSC 938 and Sohail Latif etc. Versus FOP etc., PLD 2008 Lahore 341. "

Summary: (a) National Database and Registration Authority Ordinance, 2000--- ----S. 18(1) & (2)(a)---Cancellation/impounding of CNIC---Show-cause and hearing mandatory---Scope---CNICs of petitioners were digitally impounded/blocked since 2016 without issuance of written show-cause notice or affording opportunity of hearing---Held, proviso to S.18(1) mandates prior notice and audi alteram partem; non-compliance vitiates action as offending Art.10-A, Constitution---CNIC carries presumption of truth; once issued after codal formalities, accrued rights cannot be withdrawn on suspicion or flimsy grounds---Reliance placed on Fatima v. NADRA (PLD 2022 Balochistan 73) and Muhammad Aslam v. Member (Colonies) BoR (2019 CLC 1141). (b) Pakistan Citizenship Act, 1951--- ----S.16 read with Citizenship Rules, 1952---Determination of citizenship status---Jurisdiction---NADRA/ intelligence agencies lack competence to adjudicate citizenship; eligibility linked to citizenship can only be determined by the Competent Authority/Federal Government under the Citizenship Act in the manner prescribed---NADRA may exercise S.18(2)(a) powers only after a prior, final determination under S.16 has attained finality; “blocking/suspension” of CNIC on citizenship grounds absent such determination is ultra vires---Reliance placed on Hafiz Hamdullah Saboor v. Govt. of Pakistan (PLD 2021 Islamabad 305) and Abdul Qadir v. Federation (2024 MLD 1774). (c) ---NADRA Ordinance, 2000--- ----S.18; concept of “blocking” CNIC---Impounding distinguished---Statute contains no mechanism for “blocking”; only cancellation/impounding/confiscation is contemplated, subject to notice and reasons; impounding entails taking the document into custody pursuant to due process---Reliance placed on Muhammad Umar v. Federation (PLD 2017 Sindh 585). (d) Passports Act, 1974--- ----S.8(2)---Cancellation/withholding of passport---Written notice and opportunity of hearing---Requirement---Blocking/withholding passports without prior notice is illegal and violative of due process; authorities must adhere to statutory procedure before imposing any embargo on travel documents---Followed Muhammad Aslam (2019 CLC 1141). (e) Constitutional and international guarantees--- ----Arts. 4 & 10-A, Constitution; Universal Declaration of Human Rights, Arts. 6 & 15---Citizenship as a foundational right enabling enjoyment of all other rights; arbitrary deprivation through opaque administrative measures is impermissible; measures impairing CNIC/passport paralyze fundamental civil life and must meet strict due process standards. Disposition---Petition partly allowed---NADRA and Directorate General, Immigration & Passports directed to restore petitioners’ CNICs and passports for the time being; NADRA to initiate/route appropriate proceedings before Competent Authority under the Citizenship Act, 1951 and conclude within 30 days after providing full opportunity of hearing; petitioners to cooperate and produce requisite documents---Competent Authority not precluded from proceeding per law on credible material.