Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 754. In this matter between Const. P. 96/2026 (D.B.) Sindh High Court, Karachi - Kumail Abbas (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 96/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 754 PARTIES: Kumail Abbas (Petitioner) ORDER DATE: 01-APR-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET THE HIGH COURT OF SINDH KARACHI

C.P. No. D – 96 of 2026 [Kumail Abbas v. FOP & others]

DATE ORDER WITH SIGNATURE OF JUDGE(S)

Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi.

Date of hearing and order:- 01-04-2026

Mr. Wajahat Ali, Advocate for the Petitioner alonfg with petitioner. Ms. Wajiha Mehdi, AAG alongwith Insp. Jamal Saeed , JIAP, FIA, Karachi. ********** O R D E R Adnan-ul-Karim Memo, J Petitioner, Kumail Abbas, has filed this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeking following relief(s):

“A. Declare that the placement of the Petitioner's name on the Passport control list (PCL) is illegal, arbitrary, unconstitutional, and of no legal effect.

B. Direct the Respondents to immediately remove the Petitioner's name from the Passport control list (PCL).

C. Direct the Respondents to rectify and correct the Petitioner's travel record, ensuring that no adv erse inference is drawn from the Iranian deportation incident.

D. Any other relief deemed just and proper in the circumstances may also be granted.” 2. The case of the Petitioner is that he is a bona fide student pursuing a Bachelor of Business Adminis tration (English -Taught Program) at Ahlul -Bayt International University, Tehran, and had lawfully entered Iran on a valid student visa in March 2024. He averred that during the process of obtaining his residence permit, his passport was deposited with the Iranian immigration authorities. However, due to a language barrier and inability to explain his ordeal, he was mistakenly treated as undocumented by local police and was deported on 04 April 2024 without any misconduct or violation on his part. He later o btained a new passport, re -entered Iran in October 2024, successfully secured a residence permit, and resumed his studies. The Petitioner further submits that upon returning to Pakistan during an academic break, he was offloaded on 24 April 2025 by the FIA and informed that his name had been placed on the Passport Control List (PCL). He submits that he is not involved in any criminal case or inquiry and that his inclusion in the PCL is arbitrary, unlawful, and has severely

C.P. No. D – 96 of 2026

prejudiced his education and mobility. He argues that such action, taken without notice or inquiry, violates his fundamental rights, and seeks removal of his name from the PCL along with correction of his travel record. 3. Conversely, learned AAG, relying upon the report of Respondent No. 3/FIA and submits that the Petitioner’s name has been placed on the Black List/Passport Control List by the Directorate General of Immigration & Passports under the Passports Rules, 2021, on the basis of his deportation from Iran in April 2024. It is contended that under Rules 21 and 22, a person previously deported may be placed on the PCL, and that the competent authority for placement or removal is the Directorate General of Immigration & Passports. She added that FIA’s role is merely to implement s uch directions through its Integrated Border Management System (IBMS). It is further submitted that the Petitioner has an alternate and efficacious remedy of approaching the Review Committee constituted under Rule 22(3)(b) of the Passports Rules, 2021 for removal of his name from the PCL. Therefore, the instant petition, is liable to be disposed of accordingly. 4. When confronted this legal position of the case , learned counsel for the Petitioner seeks disposal of the petition that the Review Committee of t he Respondent be directed to decide the case of the Petitioner within one week . The proposal seems to be reasonable and acceded to.

5. Without touching the merits of the case, t his petition along with pending application(s) is disposed of in terms that the decision shall be made by the Review Committee within one week positively.

Let a copy of this order be communicated to the learned DAG for onward submission to the competent authority for compliance in time. In case of failure to comply with order by the Respondent No. 1, appropriate proceeding shall be initiated against the delinquent officials.

A copy of this order shall also be communicated to the Respondent No. 1. for compliance to be served through elec tronic mode of service and Wats App Application.

JUDGE JUDGE SHAFI*

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