Ibrar Hussain VS FOP etc.

ORDER SHEET

ISLAMABAD HIGH COURT, ISLAMABAD.

JUDICIAL DEPARTMENT.

W.P No. 1235 of 2025 Ibrar Hussain

Vs.

Federation of Pakistan, etc.

S. No. of order/ Date of order/ Order with signature of Judge and that of parties or proceedings proceedings counsel where necessary. 28.04.2025 Mr. Muhammad Asif, Advocate for the Petitioner. Ms.Shaista Tabassum, Assistant Attorney General. Mr. Muhammad Arshad, Assistant Director (Legal), Islamabad.

MUHAMMAD ASIF J. Through the instant petition, the Petitioner seeks direction to the respondent No. 1 and 2 for the removal of his name from Passport Control List ("PCL").

2.The learned counsel for the Petitioner submitted that the Petitioner was implicated in Case FIR No. 91 dated 27.05.2024, registered under Section 9(1) and 3(a) of the Control of Narcotic Substances Act, 1997. However, the Petitioner was subsequently acquitted of the charge by the learned Special Judge CNSA-I, Khyber Pakhtunkhwa, through an order dated 26.09.2024. During the pendency of the case, the Petitioner's name was placed on the PCL. Following the acquittal, the Anti-Narcotics Force (ANF) recommended the removal of the Petitioner's name from the PCL. Despite this clear recommendation, the Petitioner's name remains active on the list. The continued inclusion of the Petitioner's name on the PCL is unlawful, arbitrary, and constitutes an abuse of authority. It violates the principles of natural justice and due process, as well as the fundamental rights

W.P. No. 1235 of 2025 Ibrar Hussain v. FOP, etc.

guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973; that the Petitioner has filed an application before the Ministry of Interior for removal of his name, vide application dated 13.02.2025. Hence, the instant petition

3.The learned Assistant Attorney General, assisted by the Assistant Director (Legal) of the Federal Investigation Agency (FIA), submitted that, according to the report dated 21.04.2025, the Petitioner's name remains active on the PCL based on the recommendation of the Section Officer (ANF) conveyed via letter No. 6-12/2010-Law dated 08.07.2014. It was further argued that the authority to include or remove a name from the PCL is exclusively with the Directorate General of Immigration and Passports under the Passport Rules, 2021. However, the FIA's Integrated Border Management System (IBMS) is linked with the system of the Directorate General of Immigration and Passports, Islamabad, to ensure real- time transmission of information. Any change in an individual's PCL status is immediately reflected in the FIA IBMS to facilitate enforcement by FIA Immigration Authorities at immigration checkpoints, including airports, seaports, and land routes, in accordance with Rule 22(4) of the Passport Rules, 2021. It was contended that the FIA's role in the present matter is purely administrative and limited to implementation, whereas the Petitioner's grievance pertains to Respondent No. 5, the Directorate General of Immigration and Passports, Islamabad. Furthermore, it was stated that the complete record of the PCL is maintained by and available with the said Directorate

4.Arguments heard, record perused.

W.P. No. 1235 of 2025 Ibrar Hussain v. FOP, etc.

5.Perusal of the record reveals that the Petitioner was booked in case FIR No. 91/2024 dated 27.05.2024 registered under Section 9 (1) 3 (a) CNSA, 1997, registered with ANF, Peshawar and subsequently, the Petitioner was acquitted of the charge by the learned Special Judge CNSA-I KPK vide Order dated

6.In the present case, the grievance of the Petitioner is that despite his acquittal, the respondents have placed the Petitioner's name on PCL. The Petitioner filed an application before the Judge Special Court CNS-I, Peshawar, for the removal of his name from the Exit Control List (ECL) and Block List (BL), whereby direction was issued to the concerned Departments to unblock his passport and remove the name of the Petitioner from ECL. Likewise, the Deputy Director, Regional Directorate ANF, KPK, vide letter dated 23.10.2024, recommended the name of the Petitioner to be removed from PCL. Subsequently, the Director (Intl Coop), Ministry of Narcotics Control, Headquarter ANF, vide letter dated 06.11.2024 has also given his consent that he has no objection on the removal of Petitioner’s name from Foreign Control List (FCL), however, the Petitioner's name is still reflecting/active in the PCL. On 13.02.2025, the Petitioner again filed an application before the Secretary Ministry of Interior, Islamabad for compliance of the Order passed by the learned Judge Special Court, CNS-I Peshawar and recommendations made by the ANF, however, the application is still pending with the Ministry of Interior, Islamabad. The name of the Petitioner was placed on PCL under Rule 22 of the Passports Rules, 2021. The

W.P. No. 1235 of 2025 Ibrar Hussain v. FOP, etc.

relevant portion of the said Rule 22 is reproduced as under:-

"22. Passport Control List.—(1) Federal Government is vested with the powers to regulate the departure from and entry into Pakistan and also visit to foreign countries of its citizens under the Act.

(2)The Division concerned and Directorate General shall prepare and maintain a PCL for placement of names and other record of individuals who have been refused passport facilities under these rules under category "A" and "B" respectively with the following description, namely:-

(a)under category "A", the names of those persons are placed who are involved in anti-state activities or whose visit to foreign countries is considered to be prejudicial to the State interest or, whose visit abroad is banned from security point of view. The names in this list shall be placed and removed by the Additional Secretary of the Division concerned;

(b)under category "B", the names of those persons are placed who have been refused passport under these rules other than anti-state activities specified in clause (a). The names of persons included in the category under this clause may also be placed on the recommendations of government agencies or departments;

(c)normal period of retaining a person on the PCL is five years. However, a person may be kept on PCL even beyond five years provided the referring department or agency recommends for further retention having full justification in this regard. The Additional Secretary of the Division concerned in case of category "A" and Director General in case of category "B" may consider omission of name of any person from such list on appeal even before the normal period of five years; and

(d)both the categories "A" and "B" are subject to periodical review by a Review Committee under sub-rule (3) in consultation with the relevant agency or department on whose recommendations the individual was placed on PCL, and 10. Category 'A' of the Rule 22 supra, attracts to the case of the Petitioner however, the learned AAG argues that the Petitioner's case falls under Category 'B' of Rule 22, which is outlined as follows:

7.Category 'B' of the Rule 22 supra, attracts to the case of the Petitioner, which is outlined as follows: "(b) under category "B", the names of those persons are placed who have been refused passport under these rules other than anti-state activities specified in clause (a). The names of persons

W.P. No. 1235 of 2025 Ibrar Hussain v. FOP, etc.

included in the category under this clause may also be placed on the recommendations of government agencies or departments;

8.The Article 15 of the Constitution guarantees as under:- "Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof."

9.Although the Petitioner remains involved in the above-mentioned case of Narcotics, subsequently acquitted by the learned Judge Special Court, CNSA-I, KPK, and on the basis of acquittal, ANF has recommended removal of his name from the PCL, therefore, as the Petitioner's application dated 13.02.2025 for removal of his name from the PCL is pending with the Respondent No. 1, therefore, respondent No. 1 is directed to decide the pending application of the Petitioner in accordance with law, within a period of 15 days from the receipt of this Order.

10.In view of the above, the instant petition is disposed of accordingly.

(MUHAMMAD ASIF)

JUDGE

**//Kamran//**