ISLAMABAD: The Sindh High Court (SHC) has declared that the inclusion of lawyer Jibran Nasir and his wife Mansha Pasha in the watch list, resulting in their travel restriction to Dubai last month, was conducted in a “secretive” manner. The court further stated that the action to prevent them from traveling abroad lacked “lawful authority.”
Jibran Nasir disclosed that the Federal Investigation Agency (FIA) had prevented him from traveling to Dubai last month. Nasir had been “picked up by unidentified men” outside his Karachi residence in June and released within 24 hours.
He posted on social media platform X,
The official proceeded to take their passports, reading out the names to the person on the phone. Nasir quoted the officer as saying, “These are your people,” which resulted in missing their flight, having baggage returned, and receiving offloaded stamps on their passports.
The activist recounted that no formal explanation was provided. They were only being told, “Please understand, sir, we’ve been instructed not to let you leave.”
Nasir mentioned that neither he nor his wife received any information regarding the matter from the interior ministry. He also shared passport photos displaying the “offloaded” stamp.
Afterward, Nasir had taken his case to the SHC. The plea requested the court to declare the offloading and travel restriction on Nasir as “illegal, unlawful, and unconstitutional.”
SHC Slams Offloading of Jibran Nasir and Wife as Unlawful Action
Justice Naimatullah Phulpoto wrothe the SHC letter. It stated, “Under the law, to prohibit any person from leaving Pakistan must be exercised by means of an order which should be communicated to the affected person(s) as soon as the order is passed.”
It further stated, “This means that if any order is passed but the same is not communicated to the person concerned, it would be a case of arbitrary exercise of power if the order is kept secret only to surprise the person later the moment he is leaving the country.”
The SHC emphasized that placing an individual on a no-fly list must involve issuing a show-cause notice or granting an opportunity for a hearing.
“Since the placement of a person on the watch list or Exit Control List (ECL) curtails the freedom of movement of a citizens, it is settled that a person cannot be placed in the said list unless a show-cause notice, and an opportunity of hearing is provided to him before the adverse action is taken against him/her,” the order stated.
“So far, as the facts of the present cases are concerned, inclusion of petitioners’ names in the watch list was done secretively as the petitioners were never served with any notice that their names were included in the watch list, let alone providing them an opportunity of hearing before placing them in the watch list. On these grounds alone, the acts of the Ministry of Interior/FIA, culminating in the offloading of the petitioners, who are husband and wife, from the plane was without lawful authority.”
The court noted that Karachi Deputy Attorney General (DAG) Pir Riaz Muhammad Shah submitted a copy of a letter dated June 23, issued by the Inter-Services Intelligence (ISI) director general to the FIA deputy director (immigration) at Jinnah International Airport. This letter indicated that Nasir and his wife were added to the watch list.
The letter in question does not provide reasons for placing the petitioners’ names on the watch list. It also lacks details regarding the specific individuals or the nature of the inquiry or matter for which they are restricted from traveling abroad.
“Admittedly, the names of the petitioners are not on ECL. DAG has also failed to produce any material or show-cause notice issued against the petitioners placing their names on the watch list,” the order said.
Jibran Nasir Thanks Court for Ruling
The SHC pronounced that the letter issued by the ISI DG “lacked lawful authority and holds no legal validity.” The court stated that the federal government’s letter, which barred the petitioners from traveling abroad, was “devoid of lawful authority and lacks legal validity.”
“Consequently, it is ordered that the petitioners shall be allowed to proceed abroad without any obstruction of hindrance by the federal government or any of its agencies or authorities,” the order stated.
In response to today’s development, Nasir expressed gratitude to the SHC for declaring the retrictionson their travel and offloading us was unlawful. He posted on X,
