NO CITIZEN CAN BE DENIED THE RIGHT TO TRAVEL

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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

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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.

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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.

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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.

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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.

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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.

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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.

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