NO CITIZEN CAN BE DENIED THE RIGHT TO TRAVEL
Case Reference
PLD 2026 Balochistan 1
Bench: Rozi Khan Barrech, C.J. & Sardar Ahmed Haleemi, J
Petitioner: Muhammad Akhtar Mengal
Respondents: Federation of Pakistan through Secretary, Ministry of Interior & 3 others
Constitution Petition No.: 1149 of 2025
Date of Decision: 24th September, 2025
Optimized Legal Analysis
1. Background: Inclusion in Provisional National Identification List (PNIL)
- The petitioner, Muhammad Akhtar Mengal, was scheduled to travel to Dubai for urgent medical treatment.
- At the airport, he was stopped from boarding because his name had been placed on the Provisional National Identification List (PNIL).
- No prior notice, show cause, or due process was followed before restricting his travel.
- The petitioner challenged this action via a Constitutional petition in the Balochistan High Court, claiming violation of fundamental rights under the Constitution of Pakistan.
2. Constitutional Provisions Invoked
- Articles 4, 9, 10-A, 14, 15, 18, 25 & 199 of the Constitution were cited:
- Art. 15: Guarantees freedom of movement and the right to travel abroad, subject only to reasonable legal restrictions.
- Art. 4: Provides protection of law and treatment according to law, an inalienable right of all citizens.
- Arts. 9 & 10-A: Protect personal liberty and due process in matters affecting life and liberty.
- Art. 25: Ensures equality before law and prohibits selective targeting.
3. Findings of the Court: Arbitrary Restriction
- The respondents failed to produce any statutory framework or written authority justifying the inclusion of the petitioner in PNIL.
- No notice or opportunity was given to the petitioner to contest or respond before travel was blocked.
- The petitioner had no pending criminal cases, nor was there any threat to national security, public interest, or law enforcement.
- Selective inclusion in PNIL violates constitutional guarantees of equality, due process, and personal liberty.
4. Legal Principles Established
- Inclusion in PNIL or travel restriction lists without lawful authority is illegal.
- Fundamental rights cannot be curtailed arbitrarily; restrictions must follow procedure established by law.
- Any citizen’s rights to life, liberty, property, reputation, and movement are protected under Arts. 4, 9, 10-A, 14, 15 & 25.
- Courts have a duty to safeguard fundamental rights against executive or administrative overreach.
5. Court’s Directions
- Respondents were directed to immediately remove the petitioner’s name from PNIL or any other travel restriction list.
- Such action could only be justified if due process is strictly followed, in accordance with law.
- The Constitutional petition was accepted, restoring the petitioner’s right to travel.
Summary of the Judgment
PLD 2026 Balochistan 1 establishes that:
- The right to freedom of movement and to travel abroad is guaranteed under the Constitution and can only be restricted through lawful procedure.
- Inclusion in the Provisional National Identification List (PNIL) without notice, statutory authority, or due process is arbitrary, illegal, and unconstitutional.
- Fundamental rights under Arts. 4, 9, 10-A, 14, 15 & 25 are enforceable, and courts must protect citizens from unlawful restrictions.
- The decision reinforces the principle that executive powers affecting liberty must follow procedural safeguards and cannot be exercised in haste or arbitrarily.
Key Principle: No citizen can be denied the right to travel without lawful justification, proper notice, and adherence to due process.
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