NO CITIZEN CAN BE DENIED THE RIGHT TO TRAVEL

LEGAL ANALYSES BY OSMANI LEGAL FIRMS

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:

1. The right to freedom of movement and to travel abroad is guaranteed under the Constitution and can only be restricted through lawful procedure.
2. Inclusion in the Provisional National Identification List (PNIL) without notice, statutory authority, or due process is arbitrary, illegal, and unconstitutional.
3. Fundamental rights under Arts. 4, 9, 10-A, 14, 15 & 25 are enforceable, and courts must protect citizens from unlawful restrictions.
4. 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.

✅ Legal Insight by:
Osmani Legal Firms
Leading Constitutional Law Firm in Pakistan

Why Choose Osmani Legal Firms | Best Constitutional Law Firm in Islamabad

Trusted Constitutional & Public Law Lawyers in Pakistan

Clients choose Osmani Legal Firms for:

• Proven expertise in constitutional & writ jurisdiction

• Strong High Court and Supreme Court practice

• Deep understanding of public and administrative law

• Rights-focused, principled litigation approach

• Strategic handling of complex constitutional questions

Contact the Best Constitutional Lawyers in Islamabad, Pakistan

Expert Writ & Constitutional Law Representation Nationwide

If you require assistance in constitutional matters, writ petitions, or fundamental rights litigation, contact Osmani Legal Firms, recognized among the Best Constitutional Lawyers | Top Law Firms in Islamabad Pakistan.

Our experienced legal team is committed to protecting your constitutional rights and providing effective legal remedies before the superior courts of Pakistan.

Our Family Lawyers handle Divorce, Khula, Child Custody, Guardianship, Maintenance, and Family Settlement matters with discretion and client-focused Legal representation.

BANKING | FINANCE LAWYERS | LAW FIRMS ISLAMABAD PAKISTAN

Osmani Law represents banks and Private Companies and Clients in banking litigation, finance transactions, loan recovery, default proceedings, and regulatory matters before Banking Courts and Appellate forums.

Osmani Law provides expert Shipping, Admiralty and Maritime law services in Karachi, Quetta, and across Pakistan, including ship arrest, cargo claims, marine insurance, charter party disputes, and maritime litigation.

INHERITANCE – DISTRIBUTION OF PROPERTY LAWYERS ISLAMABAD PAKISTAN

Our inheritance lawyers assist with Succession, Letters of Administration, Property Distribution under Islamic and Civil Law, and Inheritance Disputes in Karachi, Islamabad and across Pakistan.

Our Rent and Possession Lawyers represent Landlords and Tenants in Eviction Proceedings, Tenancy Disputes, Rent Fixation, and Possession matters before Rent Controllers, Appellate Courts, High Courts & Supreme Court of Pakistan.

Our civil lawyers in Karachi & Islamabad handle property disputes, Recovery Suits, Injunctions, Declaratory matters, and all forms of Civil litigation with strategic advocacy before trial Courts, High Courts and Supreme Court of Pakistan.

We handle Property transactions, Title verification, Transfer disputes, Land Litigation, Real Estate Development matters, and Property documentation across Pakistan.

CUSTOMS LAWYERS | TOP LAW FIRMS ISLAMABAD PAKISTAN

We advise importers, exporters, and businesses on customs law matters, including valuation disputes, confiscation proceedings, appeals, and representation before Customs Authorities and Tribunals.

ENVIRONMENT LAWYERS | TOP LAW FIRMS ISLAMABAD PAKISTAN

Osmani Law advises on Environmental Compliance, Regulatory Approvals, Environmental Litigation, and sustainability matters under Pakistan’s and Provincial Environmental Protection Laws.

INDUSTRIAL RELATIONS | LABOUR LAWYERS ISLAMABAD PAKISTAN

We represent Employers and Employees in Labour  and Industrial Relations disputes, Employment Contracts, Termination cases, and proceedings before Labour Courts, Tribunals, High Court and Supreme Court of Pakistan.

ARBITRATION | MEDIATION LAWYERS | LAW FIRMS ISLAMABAD PAKISTAN

e advise Airlines, Aviation Companies, and regulators on Aviation Law matters, including Aircraft Leasing, Regulatory Compliance, Aviation disputes, and liability claims, delivering trusted legal solutions across Pakistan.

COMPANY LAWYERS | LAW FIRMS ISLAMABAD PAKISTAN

We provide comprehensive Company Law services, including Incorporation, Corporate Governance, Compliance, Shareholding disputes, and representation before SECP and Tribunals.

CRIMINAL LAWYERS | LAW FIRMS ISLAMABAD PAKISTAN

Our Criminal Defense Lawyers represent clients in White-Collar Crimes, FIRs, Bail matters, Trials, Appeals, and Criminal proceedings at all levels of Courts across Pakistan.

We assist businesses with Corporate Structuring, Mergers, Acquisitions, Regulatory Compliance, Commercial Litigation, and Strategic Legal Advisory for Local and International Enterprises.

TRADE MARKS | COPYRIGHTS & INTELLECTUAL PROPERTY LAWYERS LAW FIRMS KARACHI- ISLAMABAD PAKISTAN

CONSTITUTIONAL LAW IN PAKISTAN: AN EXPERT LEGAL GUIDE BY OSMANI LAW ASSOCIATES