IHC declares placement on PCL for overstaying visa illegal

ISLAMABAD, Jun 03 (APP): The Islamabad High Court (IHC) on Wednesday declared the placement of individuals on the Passport Control List (PCL) solely on the basis of deportation for overstaying abroad as illegal and ordered the removal of a citizen’s name from the list.

Justice Muhammad Asif issued a detailed four-page judgment in the case concerning overseas travel restrictions, ruling that deportation for visa overstay alone does not justify imposing a travel ban. The court stated that for imposing travel restrictions, the existence of a crime, security threat, or irrefutable evidence is essential.

The judgment authored by Justice Muhammad Asif observed that restricting a citizen’s constitutional right to travel abroad and seek employment in the absence of any crime was not justifiable. The imposition of a travel ban constitutes a violation of Articles 4, 9, 10-A, 15, 18, and 25 of the Constitution.

The IHC held that keeping a citizen’s name on such a travel restriction list was a violation of fundamental rights and legal requirements under the Constitution.

The court noted that the federal government had informed that the citizen was deported from a Gulf country due to visa overstay, and the government’s stance was that the name was placed on the PCL under its policy.

According to the federal government, the measure was taken to protect the visas of other citizens and the country’s dignity.

The Islamabad High Court ordered the removal of the citizen’s name from the Passport Control List.