LAHORE: The Lahore High Court (LHC) has struck down para 51 of the Passport and Visa Manual 2006, which the federal government invokes to blacklist citizens.

Justice Tariq Saleem Sheikh observed that the Passports Act 1974 did not contain any provision for blacklisting.

“Section 8 of the Act empowers the federal government only to cancel, impound or confiscate a passport while ‘blacklisting’ is a separate concept and has a different connotation,” the judge said in a verdict that allowed pleas of four petitioners who were blacklisted.

The counsel for the petitioners mainly argued that it was the fundamental right of every citizen to travel within the country or abroad. He said a passport was a sine qua non (requirement) for travelling abroad and not a mere privilege. He argued that the said right could not be syncopated without a duly enacted law.

LHC strikes down para invoked to blacklist people

The counsel said para 51 of the manual under which the Federal Investigation Agency (FIA) exercised the power of blacklisting was ultra vires to the Constitution and even otherwise had no legal sanction.

In his 21-page verdict, Justice Sheikh observed that the right to travel was now globally recognised as one of the basic human rights. He said Article 13 of the Universal Declaration of Human Rights (1948) declared that everyone had the right to freedom of movement and residence within the borders of each state, to leave any country, including his own, and to return to his country.

The judge maintained that the right to travel and go abroad was an integral part of the fundamental rights to life and liberty and could be restricted only under a law made in public interest. Article 15 of the Constitution expressly stated that the restriction should not only be reasonable, but also in public interest, he said.

The judge further stated that it was well settled that the government was competent to issue instructions and guidelines for the smooth running of its departments and offices and, more particularly, to structure the discretion of the officers, which is imperative to good governance.

Nevertheless, such instructions and guidelines should not be strident with the Constitution, the statutory law and the rules validly framed thereunder, he added.

Justice Sheikh observed that para 51 of the Manual was prepared to carry out the aims and objects of the Passports Act, so it is the governing law. He said Section 8 of the Passports Act talked only about cancellation, impounding and confiscation of passports and did not say anything about blacklisting, which was a category apart. He observed that the Passports Rules 1974 were equally silent on the issue. The judge held that para 51 went beyond the legislative policy of the Passports Act and was ultra vires.

“No such legal sanction is available for para 51 of the Manual. It is, therefore, struck down,” the judge wrote in the verdict.

Allowing the petitions, the judge also declared blacklisting of the petitioners to be without lawful authority and of no legal effect.

Published in Dawn, February 11th, 2022