PESHAWAR: Peshawar High Court on Thursday accepted plea of former Khyber Pakhtunkhwa chief minister Ali Amin Gandapur and declared placing his name on the Passport Control List (PCL) by the federal government as illegal and unconstitutional.

A bench consisting of Justice Syed Arshad Ali and Justice Wiqar Ahmad directed the government to remove the petitioner’s name from PCL.

The bench pronounced a short order, whereas detailed judgment will be released later.

During course of hearing Justice Arshad Ali wondered under which law a person’s name could be placed on the PCL based on registration of an FIR, and which FIRs would warrant placing a name on the list.

Justice Wiqar also observed that the authority laid with the federal government to place a name on the PCL, and in this case, there was no order from the federal government, as cabinet approval was also mandatory for it.

The petition includes as respondents the federal government through interior secretary, Federal Investigation Agency’s director general, its director for Peshawar region, director general of National Database and Registration Authority, and director general of Passport and Immigration Islamabad.

Advocate Bashir Khan Wazir appeared for Mr Gandapur and stated that his client was a former chief minister whose name had been placed on the PCL, preventing him from traveling abroad.

He argued that this was done because he belongs to the opposition and is being targeted for political revenge.

He stated that the petitioner was a law-abiding citizen and had contested the general elections 2024 from PK-113 area in Dera Ismail Khan besides other constituencies, and was declared a returned candidate.

He said that when the petitioner was the chief minister he had to travel abroad in connection with provincial affairs and he had approached the relevant quarters for renewal of his diplomatic passport, under the prevailing rules.

However, he stated that the petitioner was intimated that his name had been placed in black list, ECL, PCL or any other list and therefore, his request had not been entertained for passport renewal.

He added that despite the fact that he was entitled for issuance of passport, the respondents without any plausible reasons did not issue and renew diplomatic passport of the petitioner.

Mr Wazir contended that Article 15 of the Constitution ensured the freedom of movement in the country and travel to any other country.

He said that before putting his name in travel restriction lists, no notice was given to the petitioner to seek his reply, which was a violation of Article 10 A of the Constitution.

When the bench inquired why his name was placed on the PCL, an assistant attorney general told the court that it was because there were several FIRs registered against him.

Justice Arshad Ali inquired if there were FIRs against someone, would you put their name on the list and under which law has the name been placed on the list?

An official of the immigration and passport department stated that they included the names of those involved in activities against the state.

When the bench inquired was there any order from the federal government in this case, the official stated that they only made a recommendation to the government.

Published in Dawn, October 31st, 2025