2024 PLP 1406 (YLR)

SHAMS MEHMOOD MIRZA, J.

The petitioner is aggrieved by continuous inclusion of his name in Provisional National Identification List and seeks a declaration from this Court that the action of the respondents in including his name is illegal and unlawful and violative of the fundamental rights guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution).

2. The petitioner is a renowned politician who is desirous of performing Umra along with his family and has obtained return tickets from 29.03.2024 till 09.04.2024. His name was included in the Provisional National Identification List on 26th May, 2023. On gaining knowledge about this fact, he filed an application before respondent No.2 but no action till date has been taken on the said application.

3. Learned counsel for the respondents have stated that the petitioner is nominated in various FIRs and, therefore, he cannot be allowed to proceed abroad. They, however, concede that no conclusive determination has been made till date by a court of competent jurisdiction implicating the petitioner with the alleged offences.

4. Standing Order No.2 of 2018 dated 27.04.2018 formulated the Standard Operating Procedures to regulate Provisional National Identification List pursuant to the directions given by the Supreme Court in HRC No.26962 of 2017. According to the said notification, name of the person in FIR involved in heinous crimes shall remain on Provisional National Identification List for a period of 30 days and placement of name shall expire after lapse of 30 days. As per the terms of the standing order, "...It will be the responsibility of the requesting agency to process the case for placement on ECL, through their home Department and follow it up in the Ministry of interior. In case of pendency of ECL case with the Ministry of Interior, the name will remain on the PNIL, till the final outcome of the decision of ECL placement by the Ministry of Interior or competent authority. In case the ECL case is not submitted to the Ministry of Interior, the name from PNIL will be automatically taken off, on the expiry of 30 days from the date of placement of PNIL. A rejection of request for placement on ECL by the Ministry of Interior/ competent authority at any stage shall be deemed as rejection for placement on PNIL".

5. It is an admitted fact that the process envisaged by the aforementioned provision of the standing order was not followed in the case of the petitioner and resultantly the name of the petitioner ought to have automatically been taken off from the Provisional National Identification List on the expiry of 30 days.

6. This Court in the case of Sheikh Shan Ilahi v. Federation of Pakistan and others through Secretary Ministry of Interior, Islamabad and others PLD 2023 Lahore 359 held that the respondent has no authority to blacklist a person from going abroad and that right to travel is an integral part of the fundamental rights to life and liberty. It was furthermore held in the said case that the pendency of the case against accused cannot be a ground to deprive him from his right to travel abroad.

7. In this view of the matter, this writ petition is allowed and it is declared that the continued inclusion of the name of the petitioner on Provisional National Identification List is without lawful authority and of no legal effect. The respondents are directed to allow the petitioner and his family members to travel abroad for performance of Umra subject to furnishing of surety in the sum of Rs.1 Million to be submitted to respondent No.2. MQ/U-4/L Petition allowed.