The Lahore High Court (LHC) on Thursday issued a stern reminder to the Federal Investigation Agency (FIA) and other authorities concerned, saying that any person offloaded or restrained from travelling must be provided with written reasons at the time of the action being taken.
LHC’s Justice Ali Zia Bajwa made the observations in an order issued after a hearing held at the Multan Bench. On Wednesday, the judge had heard a petition filed by a citizen, Shaheryar Qandeel, against the Ministry of Foreign Affairs and other authorities following his offloading from a flight despite being in possession of valid travel documents.
In the order, a copy of which is available with Dawn, Justice Bajwa said, “Let this court take a moment to remind the FIA and all concerned authorities that every exercise of power that infringes upon the fundamental rights of an individual must find its firm and unambiguous foundation in law.”
He said that no administrative discretion, however broad, could justify curbing the liberty of citizens unless “it is traceable to a clear statutory provision or legal mandate”.
Justice Bajwa held that the rule of law demanded that no person be deprived of their right to move freely or leave the country except through due process and fair procedure.
“The rule of law demands that no person should be deprived of their right to travel, move freely, or leave the country, particularly when in possession of valid travel documents, except in accordance with law, due process, and fair procedure,” he said.
The judge also noted that during the proceedings, the law officers and FIA officials again sought additional time to identify the specific statutory provisions or rules that empowered them to restrain passengers at the “eleventh hour”.
The judge also expressed concern after learning from the law officers that no written reasons for the petitioner’s offloading were available on the record. The judge directed the FIA to provide the petitioner with written reasons for his offloading well before the next hearing.
Justice Bajwa ruled that this requirement was not a mere formality, but a “substantive safeguard to uphold transparency, accountability, and the individual’s right to seek redress”.
“The failure to provide such reasons not only contravenes the principles of natural justice and due process but also constitutes a violation of the constitutionally guaranteed right to freedom of movement,” the judge maintained.
The case has been relisted at a future date, when law officers are expected to assist the court by citing the specific legal provisions that allow for such travel restrictions.
The development comes as, over the past few months, numerous incidents have been reported of travellers being offloaded from flights at various airports, despite possessing valid travel documents. These actions followed a crackdown on migrant smuggling launched after the 2024 Greece boat tragedy, which claimed several Pakistani lives.
Earlier this week, Prime Minister Shehbaz Sharif also ordered the formation of a committee to investigate the frequent offloading of passengers from international flights, an issue that has reportedly affected numerous travellers despite them holding valid documents.
