PESHAWAR: The Peshawar High Court (PHC) has ordered the removal of the name of Pakistan Tehreek-e-Insaf (PTI) leader and Member Provincial Assembly Musawar Khan, from the Exit Control List (ECL) and the Provisional National Identification List (PNIL).
An eight-page verdict authored by Justice Sahibzada Asadullah ruled that placing the petitioner’s name on travel restriction lists constituted a violation of fundamental rights.
According to the decision, the petitioner’s counsel argued that Musawar Khan had been placed on the ECL and PNIL, which led to him being stopped at the airport while attempting to travel abroad to perform Umrah.
The court observed that stopping citizens at airports without prior notice was a clear infringement of fundamental rights guaranteed under Articles 9, 10-A, 15, and 25 of the Constitution.
It added that the right to free movement was an essential component of the rights to life and liberty.
The judgment further stated that the Federal Investigation Agency (FIA) and immigration authorities did not have the authority to impose travel bans on their own.
Such powers rested with the government, which was required to provide prior notice to the individual concerned and ensure the right to legal recourse, the ruling said.
The court also noted that under the ECL Ordinance and the Exit Control List Rules, 2010, travel restrictions can only be imposed in cases involving serious offences such as corruption, economic crimes, terrorism, and banking fraud. Blacklisting a citizen without solid justification, it said, was unlawful.
Additionally, the ruling clarified that the FIA had no legal authority to detain citizens for up to 30 days, and government officials cannot operate parallel and unlawful systems under the guise of ECL rules.
The court remarked that similar matters had already been settled in previous judgments, making the present petition maintainable.
Accordingly, the court allowed the petition and directed the authorities to remove Musawar Khan’s name from both the ECL and PNIL.
