Key Takeaways
- Islamabad High Court rules against a provision in the Passport Rules 2021.
- The court declares the second limb of Rule 22(2)(b) unconstitutional.
- Moinuddin, a citizen with valid travel documents, was stopped from traveling to Saudi Arabia.
The Islamabad High Court has ruled that a provision in the Passport Rules 2021 is unconstitutional, effectively striking down a mechanism that allowed government agencies to place citizens on a Passport Control List without identifying a competent authority or providing legal safeguards.
Justice Raja Inaam Ameen Minhas, in a detailed judgment, declared that the second limb of Rule 22(2)(b) of the Passport Rules 2021 is ultra vires the Passports Act, 1974, and Articles 4, 9, 10A, and 15 of the Constitution.
The ruling came in response to a petition filed by Moinuddin, who was prevented from traveling to Saudi Arabia for Umrah on December 18, 2025, despite holding a valid Pakistani passport, a valid Saudi visa, and a confirmed air ticket.
Moinuddin’s name was placed on the Passport Control List (PCL) on December 24, 2024, on the recommendation of NCB-INTERPOL, forwarded by the FIA’s Assistant Director, Immigration Wing. This action followed his deportation from the UK after serving a three-year sentence for causing death by dangerous driving while under the influence of alcohol.
The court noted that Moinuddin had completed his sentence and been deported, with no criminal case, inquiry, or investigation pending against him in Pakistan. He was neither a proclaimed offender nor subject to an extradition request.
Justice Minhas observed that the placement of Moinuddin’s name on the PCL was not justified under the Passports Act or the Passport Rules. The court rejected the authorities’ justification that his name should remain on the PCL because his conduct had affected Pakistan’s reputation and that the placement was meant to act as a deterrent.
The court pointed out that Rule 21 deals with refusal of a passport and does not authorize restraint of a citizen who already holds a valid passport. It also noted that Rule 22(2) refers to individuals whose passport facilities have been refused, whereas Moinuddin had never been refused a passport.
The IHC held that neither the directorate general of FIA nor NCB-INTERPOL had the authority to place Moinuddin’s name on the PCL in the circumstances of the case. The court also said that the impugned order merely referred to approval by the ‘competent authority’ without identifying that authority, the legal provision used, or the material.
This ruling is significant as it clarifies the legal framework for the issuance and control of travel documents, ensuring that citizens with valid travel documents are not arbitrarily restricted from traveling.
