The Peshawar High Court (PHC) has directed the federal government to strictly follow legal requirements and constitutional safeguards before placing any citizen’s name on the Exit Control List (ECL) or similar restrictive lists. The court emphasised that such measures must be justified, transparent and in line with fundamental rights guaranteed under the Constitution.
Read More: PHC orders removal of Azam Swati’s name from ECL
The directive came in a petition filed by former provincial minister and Pakistan Tehreek-i-Insaf (PTI) leader Taimur Saleem Khan Jhagra. A two-member bench comprising Justice Sahibzada Asadullah and Justice Dr Khurshid Iqbal sought a detailed report from the interior ministry and the Federal Investigation Agency (FIA) explaining the circumstances under which his name was placed on the ECL or any related list.
In its ruling, the court observed that whenever authorities propose to place or have placed a person’s name on the ECL, Passport Control List (PCL) or Provisional National Identification List (PNIL), the action must be supported by cogent and legally sustainable reasons. It added that the individual concerned must be promptly informed in writing to enable them to seek legal remedies, including representation or review.
The bench noted that failure to follow this procedure amounts to a violation of fundamental rights and principles of natural justice. It warned that the court could exercise its constitutional jurisdiction to undo any illegal or unjustified action taken against citizens.
Mr Jhagra had challenged the alleged inclusion of his name in the PNIL, stop list or ECL, terming it unlawful and unconstitutional. He requested the court to direct authorities to remove his name and allow him to travel abroad, citing frequent foreign travel for business purposes.
Read More: PHC orders removal of Asad Qaiser’s name from ECL
The petitioner also urged the court to order that such lists be made public when names are added, to ensure transparency and protection of rights under Article 10-A of the Constitution. The court reiterated that freedom of movement and the right to pursue livelihood, whether within Pakistan or abroad, are constitutionally protected and can only be restricted in accordance with law and after providing a fair opportunity of hearing.