MUHAMMAD IQBAL vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad R

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MUHAMMAD IQBAL VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad R. 22---Constitution of Pakistan, Art. 15---Placing name on Passport Control List (PCL)---Whether power to do so laid with Federal Investigation Agency or Federal Government---Petitioner was about to travel abroad when he was stopped at the airport by officials from the Federal Investigation Agency (FIA) as his passport had been blocked by the FIA because his name was on Passport Control List (PCL) for the reason that about four years ago he was deported by the Iranian government due to illegal stay---Held: Petitioner, holder of a valid visa for Oman intending to travel there for employment purposes, was not given any notice when his name was placed on the PCL---Furthermore, according to R. 22 of the Passports Rules, 2021, it is the Federal Government that holds the authority to regulate departure from and entry into Pakistan---The concerned Division and Directorate General are responsible for preparing and maintaining the PCL for placing names and maintaining records of individuals---The Federal Government, which consists of the Prime Minister and the Cabinet, exercises said power---Whenever a power is conferred on the Federal Government it is construed as a power given to the Prime Minister and the Federal Ministers/Cabinet to be exercised in the name of Federal Government---In the present case, the petitioner's name was placed on PCL based on the recommendation of the FIA, Balochistan Zone, Quetta through Letter dated 31.12.2024, due to being deported by Iranian government---Nothing had been placed on record to indicate that the Federal Government granted approval for placing the petitioner's name on the PCL, as required by R. 22(1) of the Passports Rules, 2021---Consequently, the inclusion of the petitioner's name on the PCL violated his fundamental rights including freedom of movement guaranteed under Art. 15 of the Constitution---When the law mandates aparticular thing to be done in a particular manner, it has to be done accordingly, otherwise, it constitutes non-compliance with the legislative intent---High Court directed the Respondents to remove the petitioner's name from the PCL forthwith---Constitutional petition was allowed, in circumstances.

MUHAMMAD IQBAL vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad R — 2026 PLD 15 ISLAMABAD

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