Placing names on ECL or other travel ban lists without showcause notice illegal, rules PHC

PESHAWAR: The Peshawar High Court (PHC) has ruled that placing any citizen’s name on the Exit Control List (ECL) or any other travel ban list without issuing a show-cause notice or informing the concerned individual is illegal.

The PHC issued a 36-page detailed judgment on petitions filed against the arbitrary inclusion of names in such lists.

The court held that adding a citizen’s name to the ECL or similar travel restriction lists without notice violates fundamental rights, and no authority has the power to impose travel restrictions without just cause.

The PHC directed that citizens must be informed within 24 hours if their names are placed on any travel ban list. It also ruled that travel restrictions cannot be imposed unless there is a genuine national security emergency.

The court noted that the petitioners included individuals wishing to travel abroad for employment, while others faced difficulties returning to Pakistan. In many cases, their names had been included in travel ban lists without any valid reason.

The judgment also highlighted cases involving overseas Pakistanis encountering problems in renewing official documents due to their inclusion on such lists.

“The state has a responsibility to facilitate citizens and ensure their freedom of movement,” the PHC said, citing Articles 9 and 15 of the Constitution, which guarantee citizens’ right to life, liberty, and free movement.

The court directed the Federal Interior Secretary to submit a report within 15 days regarding compliance with its order.

The PHC emphasised that travel restrictions imposed without due process or justification are unlawful and infringe upon citizens’ constitutional rights.