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Search Results: Categories: Passports Rules 2021 (1 found)
Wahid Ullah VS FIA etc
Citation: Pending
Case No: Writ Petition-843-2025
Judgment Date: 18-Apr-25
Jurisdiction: Islamabad High Court
Judge: Justice Muhammad Azam Khan
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. "