Challenging the PNIL Justice Neelum Examines Constitutional Legitimacy
Justice Neelum was hearing a petition filed by advocate Azhar Siddique, seeking the annulment of the process by which citizens’ names are added to the PNIL solely to prevent them from leaving the country.
The petition challenges the PNIL’s constitutional legitimacy.
As proceedings began, the petitioner’s counsel argued that the PNIL lacks constitutional status and that the names of citizens can only be included on the Passport Control List (PCL) or the Exit Control List (ECL) when deemed necessary to prevent specific individuals from traveling abroad.
He asserted that the PNIL was created to include the names of those allegedly involved in human trafficking cases.
This argument prompted an irritated response from Justice Neelum, who demanded clarity on whose names were being placed on the PNIL. She stressed that the court needed to determine whether the list was being used to target criminals or was primarily aimed at restricting politicians from traveling abroad.
The petition, filed by Munir Ahmed, highlighted that under the Rules of Business 1973, it is the Interior Ministry’s responsibility to regulate the movement of Pakistani citizens.
The ECL, PCL, and PNIL were introduced to empower the ministry to oversee individuals required for inquiries, investigations, or legal proceedings in Pakistan, intending to prevent them from fleeing the country.
The petitioner argued that the PNIL, managed by the Ministry of Interior and the Directorate General of Passports, acts as a control mechanism to restrict certain individuals from leaving Pakistan.
However, there is no specific legislation governing the PNIL. Various agencies, including the police, Federal Investigation Agency (FIA), National Accountability Bureau (NAB), and anti-corruption units, actively recommend names for inclusion.
The petitioner expressed concern that names are often added to the PNIL without valid reasons or justifications, which constitutes a violation of the fundamental rights guaranteed by the Constitution of Pakistan.
He further added that the practice of placing individuals on the list without due process raises serious legal and ethical concerns, as it infringes on constitutionally protected freedoms and liberties.
