On early Tuesday, the Federal Constitutional Court suspended a Lahore High Court ruling that had nullified provisions allowing the government to inactivate passports and impose long-term travel bans.
This case emerged from the deportation of Farhan Ali, a resident of Vehari, from Iran. The Lahore High Court ruled that the power to inactivate a passport under Rule 23 of the Passport Rules 2021 was ultra vires.
It also held that imposing a travel ban of five years or more under Rule 22(2)(c) was beyond legal authority. The Directorate General of Immigration and Passports (DGIP) contested this ruling.
The DGIP argued that the high court declared Rule 22(2)(c) ultra vires despite Ali not directly challenging that provision. They maintained that curbing the travel of deportees aligns with international commitments.
The DGIP’s petition emphasized Pakistan’s endorsement of the United Nations Convention on Transnational Organised Crime, 2000. They highlighted that this agreement is crucial for combating human trafficking.
The right to travel abroad under Article 15 of the Constitution was stated to not be absolute. The DGIP requested that the FCC set aside the LHC ruling and uphold placing individuals on the Passport Control List for five years under Rule 22(2)(c).
As of midday, the FCC’s decision allows the federal government to continue placing individuals on this list until a final judgment is delivered. This reinstatement highlights ongoing tensions between immigration laws and individual rights.
The three-judge bench, led by Justice Syed Hasan Azhar Rizvi, will oversee further proceedings. The DGIP asserted that their authority to cancel or confiscate a passport inherently includes the power to inactivate it.
This sequence of events matters significantly for those affected by deportation and travel restrictions. It raises questions about how immigration laws will be enforced moving forward.
Officials have not confirmed when a final ruling will occur. However, it is clear that these developments will impact many individuals navigating Pakistan’s complex immigration landscape.
