ISLAMABAD: The Islamabad High Court has removed the names of PTI leaders Raoof Hasan and Aleema Khan from no-fly lists and raised questions over the legality of the process to place people on these lists.
IHC Justice Raja Inaam Ameen Minhas issued the order on Mr Hasan’s petition challenging the government’s move to place him on the PCL. The judgement highlighted loopholes in the current mechanism of adding citizens to travel restriction lists like the Provisional National Immigration List (PNIL) and Passport Control List (PCL) and Exit Control List (ECL).
The court found the decision to restrict Mr Hasan’s movement was made without the requisite approval from the cabinet, as mandated by the Supreme Court.
The decision was made solely by the Immigration & Passports director general, allegedly based on an FIA report. The court noted such unilateral decisions without the cabinet’s involvement or judicial scrutiny were a “recipe for abuse, especially in politically sensitive cases”.
Under the law, the “government” means the cabinet, not individual officials or departments. “This oversight rendered the restriction legally void.”
Mr Hasan’s name was placed on the no-fly list “without giving him a notice or opportunity to be heard”, violating the principles of justice and due process.
The government justified its action, saying an FIR was pending against Mr Hasan under the Prevention of Electronic Crimes Act, 2016. However, the court ruled that the criminal case does not warrant inclusion on the no-fly list, particularly when the accused is on bail and cooperating with the legal process.
In an identical judgement, IHC’s Justice Khadim Hussain Soomro also directed the removal of PTI leader Imran Khan’s sister’s name from the PCL and the PNIL.
Ms Khan had approached the court to challenge the inclusion of her name in the travel ban lists.
The court allowed Ms Khan to seek permission to travel abroad by approaching the relevant trial court handling the cases registered against her.
Published in Dawn, May 14th, 2025
