• Observes right to travel abroad protected under Constitution
• Justice Kamran notes immigration powers must be exercised fairly and transparently

LAHORE: The Lahore High Court (LHC) has declared unlawful the off-loading of a passenger from a Nigeria-bound flight at Sialkot International Airport, ruling that immigration authorities cannot curtail a citizen’s right to travel abroad on the basis of vague suspicions or unsubstantiated reasons.

Justice Raheel Kamran passed the judgement on a petition filed by Muhammad Abbas, who challenged his off-loading by the Federal Investigation Agency (FIA) on Jan 31, 2026, despite possessing a valid passport, a Nigerian visit visa, a return ticket and other travel documents.

According to the petition, Mr Abbas had completed airline and immigration formalities and his passport had been stamped for exit, but he was later stopped by the FIA shift in-charge at the airport on the apprehension that he might abscond in Dubai and not return to Pakistan.

The petitioner, through his counsel, argued that there was no criminal case, inquiry, blacklisting order, Exit Control List (ECL) restriction or Passport Control List (PCL) entry against him.

He maintained that he intended to visit his brother-in-law residing in Nigeria and that the FIA’s action caused him financial loss, humiliation and mental agony.

The federal government defended the action, contending that the petitioner neither possessed sufficient funds nor satisfactorily explained the purpose of his visit.

An assistant attorney general argued that immigration authorities were empowered to scrutinise passengers to prevent illegal migration and visa abuse.

However, Justice Kamran held that although immigration officials have the authority to off-load passengers in appropriate cases, such powers must be exercised fairly, transparently and on the basis of objective material.

The judge observed that the reasons recorded in the off-loading proforma were vague and conclusory, lacking details about the petitioner’s financial position, the minimum monetary requirement for travel or any discrepancies in his explanation regarding the visit.

“No law, notification, policy guideline, advisory or standard operating procedure has been produced before this court prescribing any fixed monetary requirement for a Pakistani citizen travelling to Nigeria on a visit visa,” Justice Kamran observed, adding that in the absence of such disclosed criteria, the expression “insufficient funds” becomes entirely subjective and incapable of objective judicial scrutiny.

The judge ruled that the right to travel abroad forms part of the constitutional guarantees under Articles 4, 9, 10-A and 15 of the Constitution, and any restriction on that right must satisfy standards of legality, fairness and proportionality.

Allowing the petition, the judge declared the off-loading unlawful and held that it could not operate as a continuing restraint on the petitioner’s future travel, subject to lawful immigration scrutiny.

The judge also issued guidelines to FIA officials to record meaningful reasons, supported by particulars, while off-loading passengers and to provide a copy of the order to the affected travellers.

The judge maintained that the requirement of recording reasons cannot be treated as a mere procedural ritual or empty formality.

He said reasons constitute the live and intelligible link between the material considered by the authority and the conclusion ultimately reached.

“They demonstrate application of mind, restrain arbitrary exercise of power, enable the affected person to understand the basis of adverse action and facilitate meaningful judicial review,” the judge added.

He said it is a settled principle of administrative law that discretionary powers vested in public authorities are held in trust and must be exercised within the bounds of legality, fairness and rationality.

Published in Dawn, May 26th, 2026