IHC bars offloading of passengers without legal grounds

Islamabad High Court (IHC) has ruled that citizens cannot be prevented from travelling abroad or removed from flights without fulfilling the required legal procedures.

In its ruling, the court declared a provision null and void that allowed names to be placed on the Passport Control List (PCL) on the recommendation of government agencies.

It said authorities must have clear legal powers and follow due process before restricting a citizen’s right to travel.

The court also declared the relevant provision of Rule 22(2)(b) of the Passport Rules 2021 to be inconsistent with the Constitution.

Justice Raja Inaam Amin Minhas issued the ruling on a petition filed by a citizen who had been stopped from travelling for Umrah.

The court ordered authorities to remove the petitioner, identified as Moeenuddin, from the PCL within 15 days.

The court also expressed displeasure over the failure of passport and immigration authorities to comply with its earlier orders.

The ruling noted that on 15 January 2026, the court had directed the authorities to decide the petitioner’s application within a week. However, no order was issued until contempt proceedings were initiated and notices were served.

The court said a report later submitted by the passport authorities, merely labelled as a “speaking order”, did not meet the requirements of such an order. It contained no reference to the relevant legal provision, the competent authority or the applicable rules.

The court said an order issued in such a manner could not be considered a valid speaking order, adding that compliance with court orders was not a mere formality and should be treated accordingly by all parties.