Pakistan court restores passport rules in case over illegal migration controls

Pakistan's Federal Constitutional Court suspended a Lahore High Court ruling on Monday, restoring key provisions of the Passport and Immigration Rules that allow authorities to place individuals on a watchlist and deactivate passports in suspected illegal migration cases.

The case centers on a citizen deported from Iran after allegedly travelling there illegally.

What powers did the court restore over passport suspension?

The court restored Rules 3 and 10 of the Passport and Immigration Rules, which allow the government to place individuals on the Passport Control List and restrict passport validity. These measures apply to citizens suspected of involvement in unlawful overseas travel or related offences. The ruling temporarily reverses a Lahore High Court decision that had struck down both provisions.

What triggered the Passport Control List case?

The dispute arose from the case of Farhan Ali, a citizen who travelled illegally to Iran and was subsequently deported. Authorities placed his name on the Passport Control List and deactivated his passport following the unlawful travel. He then challenged both actions before the Lahore High Court, which ruled in his favour before the Federal Constitutional Court intervened.

What did the Federal Constitutional Court bench ask during the hearing?

A two-member bench headed by Justice Hasan Azhar Rizvi admitted the government's appeal and issued notices to all parties. Justice Rizvi questioned whether Farhan Ali had personally attempted illegal travel or had allegedly facilitated human smuggling by receiving money to send others abroad, including to destinations such as Italy. He also asked about the status of the Federal Investigation Agency inquiry into the matter.

Has the FIA provided updates to the court?

The Additional Attorney General, Aamir Rehman, acknowledged that the court had not received any updates from the FIA on its investigation. He confirmed that the agency had been involved but offered no further detail on findings or progress. The court adjourned proceedings indefinitely, pending a full hearing of the government's appeal.

What is "Dunki" travel and why does it matter to this case?

During the hearing, Justice Rizvi raised the term "Dunki" travel, a local term for irregular or clandestine routes used to travel abroad illegally. The reference reflects a broader national concern: Pakistan has seen a significant number of citizens attempting illegal migration through informal networks, often at considerable personal risk. The restored passport rules are among the administrative tools the government uses to deter and respond to such travel.

What did the Lahore High Court originally rule on passport restrictions

The Lahore High Court had earlier declared Rules 3 and 10 of the Passport and Immigration Rules void, effectively limiting the government's authority to impose passport restrictions. That decision constrained the government's ability to deactivate passports or add names to the Passport Control List without further judicial scrutiny. The Federal Constitutional Court has now suspended that ruling while it considers the government's appeal.