The LHC has issued important new guidelines for the Federal Investigation Agency regarding the offloading of outbound passengers. The court ruled that citizens cannot be stopped from travelling abroad on vague suspicions.
The LHC made this decision in a detailed written judgment involving a citizen who was stopped from travelling to Nigeria. The passenger had valid travel documents and had already received a boarding card.
According to the ruling, the FIA stopped the passenger at the airport despite no formal case or blacklist against him. The court said the action was based only on assumptions that he might not return.
The LHC observed that such actions violate fundamental rights guaranteed under the Constitution. It stated that the right to travel abroad is a basic freedom for all citizens.
In its judgment, the court set aside the FIA’s decision and ruled it unlawful. The LHC noted that the passenger had completed immigration clearance before being offloaded without proper justification.
Justice Raheel Kamran, who authored the nine-page verdict, emphasized that FIA powers in immigration matters are not unlimited. He said these powers must be used in a fair and transparent manner.
The court further stated that recording proper reasons for offloading is a legal requirement. It is not just a formality but an essential part of due process.
The LHC also ruled that a citizen holding a valid visa, ticket, and documents cannot be stopped without clear legal grounds. It said such actions can cause financial loss and mental distress.
The judgment added that the petitioner had explained his travel purpose, which was to visit his brother in Nigeria. The FIA failed to provide any strong reason to reject this explanation.
Along with setting aside the decision, the LHC issued guidelines for future cases. It ordered that officers must record detailed reasons for every offloading action.
The court also said that questions and answers during passenger interviews must be properly documented. Where possible, these interactions should be recorded electronically.
Additionally, a copy of the offloading order must be given to the affected passenger. The LHC said this will ensure transparency and accountability at airports.
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The ruling may have a significant impact on airport immigration procedures across the country. It is expected to improve passenger rights and reduce arbitrary travel restrictions.
