MUHAMMAD SOBAN vs GOVERNMENT OF PAKISTAN Ss — 2026 PLD 480 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SOBAN VS GOVERNMENT OF PAKISTAN Ss. 4, 8 & 17---Constitution of Pakistan, Arts. 4, 10-A, 15 & 18---Off-loading of passengers---Possession of valid travel documents---Suspicion of unlawful emigration---No written reasons recorded or communicated---Due process---Recording and communication of reasons before taking preventive action---Requirement and scope---Pivotal question for determination in the present matter was whether off-loading a passenger without recording and communicating reasons violated due process and constitutional guarantees, particularly under Art.10-A of the Constitution---Held: Immigration officers are empowered to scrutinize travel documents, endorsements, travel history, tickets, hotel bookings and availability of funds, and to detect inconsistencies suggestive of unlawful intent---Counter officer can conduct initial scrutiny of passengers' travel documents and refer doubtful cases for further examination---Such statutory authority, however, is not synonymous with unfettered discretion---Right to travel abroad, though subject to statutory regulation, has consistently been treated as a valuable civil right---Preventing unlawful emigration is a legitimate objective, however, the means adopted cannot transgress constitutional safeguards, including fulfilment of due process requirements---In the present case, the conduct of the petitioners demonstrated that they intended to proceed abroad for employment purposes on visit visas---However, off-loading at the airport, moments before boarding, carried financial, reputational and psychological consequences---Such action, though preventive, is not trivial in effect and, therefore, demands heightened procedural care---In the absence of written reasons and an articulated basis communicated to the petitioners, the action could not be sustained to the extent it operated without transparency---In every case of off-loading, the competent officer is to record brief but specific reasons in writing and provide a copy thereof to the concerned passenger at the earliest---Insofar as the present petitioners were concerned, the impugned off-loading could not operate as a permanent restraint---If the petitioners intended to travel abroad on valid visit visas and complied with the documentary and financial requirements prescribed, they were at liberty to do so, subject to scrutiny in accordance with law---Constitutional petition was disposed of, in circumstances.

MUHAMMAD SOBAN vs GOVERNMENT OF PAKISTAN Ss — 2026 PLD 480 LAHORE-HIGH-COURT-LAHORE

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