Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 775. In this matter between Const. P. 825/2026 (D.B.) Sindh High Court, Karachi - Samiullah (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. 825/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 775 PARTIES: Samiullah (Petitioner) ORDER DATE: 30-MAR-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH, KARACHI C.P. No.D-825 of 2026 (Samiullah versus Federation of Pakistan & others) _________________________________________________________________ Date Order with signature of Judge _________________________________________________________________ Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

Date of hearing and order:- 30.03.2026

Mr. Muhammad Faizan Khan, Ms. Rida Ikram and Fazila Ikram, advocates for the petitioner. Ms. Wajiha Mehdi, Assistant Attorney General. ------------------------- O R D E R Adnan-ul-Karim Memon, J . – The petitioner Samiullah has filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer.

a. ALLOW this Constitutional Petition on Urgent/priority Basis due to imminent visa expiry;

b. DECLARE the continued placement of the petitioner's name on the Blacklist/ Stop list is illegal, unlawful and without lawful authority;

c. DIRECT the respondents to immediately remove the Petitioner's name from the Blacklist/Stop list maintained by the immigration & Passports Department;

d. SUSPEND forthwith the operation of any travel restriction against the Petitioner;

e. DIRECT the Respondents to update all immigration records in the light of the Petitioner's cleared.

f. . RESTRAIN the Respondents, their officers, subordinates or any authority acting on their from preventing, obstructing or stopping the Petitioner from traveling abroad in any manner what's over, including through immigration clearance or any database.

2. Learned counsel for the petitioner submits that the petitioner was born in Karachi and worked at Binzagar Factory for Ins ulation Materials Co. Ltd. from 2007 to 2020. He has been traveling between Saudi Arabia and Pakistan for about 20 years on a 180-day stay visa. In 2023, he visited Iran where an FIR was registered against him; he paid the fine and returned. Upon arrival a t Jinnah International Airport, he was informed that his name was on the stop list. He has completed all legal formalities and filed an application for removal of his name from the blacklist/stop list, but no action has been taken. Counsel submits that the impugned action violates the petitioner’s right to movement and livelihood. He prayed to allow this petition. 3. Learned Assistant Attorney General objected that the matter falls within the domain of the Ministry of Interior and the petitioner’s applicati on is pending before the Review Committee. However, no comments have been filed on behalf of respondents. Therefore, this Court is left with no option but to hear the parties present in court based on available record.

4. However, upon the proposal so put forward by the learned AAG, learned counsel for the petitioner agreed that the petition may be disposed of with direction to the Review Committee to decide the application of the petitioner within two weeks. 5. Before parting with this order we may observ e that in many cases the Ministry of Interior and Directorate General Immigration & Passports fail to file comments despite notices, causing difficulty in disposal of cases. The refore the earlier order dated 17.03.2026 regarding initiation of disciplinary proceedings against delinquent officials who failed and neglected to defend the case by filling proper defense in the matter shall remain intact. 6. Without touching the merits of the case and with the consent of the parties this petition is disposed of with direction to the competent authority of Review Committee to decide the petitioner’s application via speaking order with justiciable reasons, within two weeks . However in case of failure to comply the order, the petitioner shall be at liberty to init iate contempt proceedings in terms of Article 204 of the Constitution. Copy of this order be sent to the Mini stry of Interior for compliance to be served through electronic mode of service and WatsupApplication

JUDGE

JUDGE

Shahzad Soomro

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