The Islamabad High Court (IHC) has ruled that placing a citizen on the no-fly list without solid evidence is illegal and unconstitutional. Justice Babar Sattar emphasized that authorities must follow proper legal procedures and cannot arbitrarily restrict a person’s right to travel.
Case of Nadir Mukhtiar
The ruling came in response to a petition filed by Nadir Mukhtiar, who was prevented from leaving the country despite holding a valid passport and work visa. Advocate Nisar Ahmed Shah represented him in court, challenging the legality of his travel restrictions.
Mukhtiar had been deported from the UAE in mid-2024 after a local dispute. Upon returning to Pakistan, he obtained the necessary travel documents and secured a job in Oman.
Authorities had placed his name on the Passport Control List (PCL), effectively barring him from leaving the country. Despite repeated requests,
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Court Finds Travel Ban Unlawful
Justice Babar Sattar ruled that the Directorate of Immigration and Passports violated due process and fundamental rights by restricting Mukhtiar’s travel without legal justification. The court noted that:
- No official notice was issued before adding his name to the PCL.
- He was not given a chance to present his case.
- Authorities failed to provide a valid legal reason for the travel restriction.
The judge found that the Directorate of Immigration and Passports acted beyond its legal authority. Their actions violated Articles 9, 10-A, and 15 of the Constitution, which guarantee personal liberty, due process, and freedom of movement.
Authorities Ordered to Follow Due Process
The IHC declared Mukhtiar’s placement on the PCL illegal and ordered authorities to remove his name immediately. The court also directed the Director General of Immigration and Passports to ensure that citizens are not arbitrarily added to the no-fly list in the future.
This decision sets a significant precedent, reinforcing the legal safeguards that protect citizens from unjustified travel bans.
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