Court Restores Govt Power to Restrict Passports

The Federal Constitutional Court has issued an interim order suspending the earlier judgment of the Lahore High Court, which had invalidated certain provisions of the Passport Rules, 2021. As a result, the federal government’s authority to inactivate passports and impose travel restrictions has been provisionally restored pending final adjudication.

Under the interim relief granted, authorities may continue to place individuals on the Passport Control List (PCL) and restrict their international travel until the matter is conclusively decided.

The order was passed by a three-member bench headed by Syed Hasan Azhar Rizvi while hearing an appeal filed by the Directorate General of Immigration and Passports. The proceedings also involve private respondent Farhan Ali and officials of the Federal Investigation Agency.

The dispute originates from the case of Farhan Ali, a resident of Vehari, who was deported from Iran. Following his repatriation, the Federal Investigation Agency recommended his inclusion on the PCL, leading to the inactivation of his passport by the Directorate General of Immigration and Passports and the imposition of a five-year travel restriction.

Previously, the Multan bench of the Lahore High Court had ruled in December 2025 that Rule 23 of the Passport Rules exceeded the authority conferred under Section 8 of the Passport Act, 1974, and was therefore ultra vires. The court further held that Rule 22(2), to the extent it permitted extended travel restrictions, was beyond the scope of the parent statute.

In its appeal, the Directorate contended that the High Court had exceeded its jurisdiction by striking down provisions that were not specifically challenged in the original petition. It further argued that the respondent had been deported for violations of foreign immigration laws, justifying the imposition of restrictions.

Government counsel submitted that the restrictions were lawfully imposed following deportation, while the petitioner maintained that any such powers must strictly conform to the limits prescribed under the Passport Act. The Directorate asserted that the Act permits regulation of passport usage, including suspension or inactivation, through delegated legislative authority.

The appeal also referenced Pakistan’s international obligations relating to the prevention of human trafficking, arguing that travel restrictions on deported individuals are consistent with such commitments. It was further contended that the constitutional right to travel abroad is not absolute and may be subject to reasonable and lawful limitations.

The Directorate General of Immigration and Passports has accordingly sought the setting aside of the impugned judgment and the affirmation of its authority to place individuals on the PCL for specified durations in accordance with applicable law.