3891/2025 Const. P. Sharafat Hussain (Petitioner) V/S Federation of Pakistan & others (Respondent)

3891/2025 Const. P. Sharafat Hussain (Petitioner) V/S Federation of Pakistan & others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 04-FEB-26

In these circumstances, this Court is of the considered view that the continued placement of the petitioner???s name on the PCL/PNIL and the retention of his passport, based merely on suspicion and unsubstantiated intelligence input, is arbitrary, unlawful, and violative of Articles 4 and 15 of the Constitution. In the absence of concrete material establishing any involvement of the petitioner in activities prejudicial to the security or interest of Pakistan, the impugned restriction cannot be sustained under the Passport Rules, 2021. 17. In view of the foregoing discussion, this petition is disposed of with the direction to the respondents/competent authority to forthwith remove the name of the petitioner from the Passport Control List (PCL), the Provisional National Identification List (PNIL) and the Exit Control List (ECL, if any. The respondents are further directed to act strictly in accordance with law and shall not create any impediment in the petitioner???s travel abroad, subject to lawful exceptions, if any as discussed supra. The petitioner???s passport, if presently in the custody of the Immigration authorities, shall be released immediately. 18. The petition, along with all pending applications, stands disposed of in the above terms. Let a copy of this order be communicated to all concerned for compliance in time; failure whereof consequences in terms of Article 204 of the Constitution will follow.