Annulled provisions restored: FCC allows DGIP to place citizens on PCL

ISLAMABAD: The Federal Constitutional Court (FCC) restored the annulled provisions of the Passport and Immigration Rules, allowing the immigration authority to place citizens on the Passport Control List.

A three-judge bench, headed by Justice Syed Hasan Azhar Rizvi, on Monday heard the Directorate General of Immigration & Passport appeal against the Lahore High Court (LHC) verdict, and after hearing the arguments, issued notices to the parties. The bench suspended the LHC’s decision and accepted the government’s appeal for the hearing.

In January this year, the LHC, Multan Bench, ruled that the power to inactivate a passport under the Passports Rules, 2021, is not supported by the Passports Act, 1974, declaring the power to inactivate passports under Rule 23 of the Passports Rules, 2021, ultra vires the Act. It also struck down the provision allowing individuals to be retained on the Passport Control List (PCL) for five years or more without statutory backing.

During the hearing, Justice Rizvi inquired whether the case pertained to individuals attempting to travel abroad illegally. Additional Attorney General Aamir Rehman informed the court that a citizen, Farhan Ali, had illegally traveled to Iran and was later deported. Following the unlawful act, his name was placed on the Passport Control List.

Amir Rehman, representing the Directorate General of Immigration & Passport, argued that the inclusion of the petitioner’s name on the Passport Control List and the deactivation of his passport had been challenged in court.

The bench also questioned whether the individual had traveled abroad on his own or was involved in facilitating illegal migration to Italy for monetary gain. The court further sought details regarding the Federal Investigation Agency’s inquiry. In response, the Additional Attorney General stated that complete information had not yet been obtained from the FIA.

The case was adjourned indefinitely.

Farhan Ali, a Pakistani citizen, had approached the LHC after his request for removal from the Passport Control List was dismissed as premature. His name had been placed on the PCL under the Passports Rules, 2021, which prescribe a normal retention period of five years or more. He also challenged the inactivation of his passport, arguing that such a measure was not contemplated by the Passports Act, 1974.

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