The Lahore High Court (LHC) has issued important guidelines for the FIA on offloading passengers travelling abroad, ruling that a citizen cannot be stopped from leaving the country on mere suspicion or vague reasons.
Justice Raheel Kamran issued a nine-page written judgement on the petition filed by citizen Muhammad Abbas. The court declared the FIA’s decision to stop Abbas from travelling to Nigeria null and void.
The petitioner had challenged his offloading despite having a valid visa, ticket and travel documents.
According to the petitioner, he had already been issued immigration clearance and a boarding card when he was suddenly offloaded.
The FIA allegedly stopped him only on the concern that he might not return from Dubai. The judgement noted that Abbas was not involved in any case, inquiry, blacklist or Exit Control List.
Court says travel a fundamental right
The court held that travelling abroad is a fundamental right under the Constitution. It observed that the FIA does have powers, but those powers are not unlimited.
It ruled that a citizen cannot be prevented from travelling abroad on mere concerns, assumptions or vague reasons.
The court directed FIA officers to write detailed and meaningful reasons whenever they offload a passenger. It said recording reasons is not a mere formality but a legal requirement.
The judgement added that administrative powers must be exercised transparently, fairly and strictly in accordance with the law.
Passenger questions, answers must be recorded
The court also ruled that the questions asked from a passenger and the answers given must be recorded. Wherever possible, interviews or conversations should be saved electronically.
A copy of the offloading order or proforma must also be provided to the affected passenger.
Valid documents can't be ignored
The court declared it illegal to offload a citizen who has valid travel documents, including a visa and ticket, without lawful and reasonable grounds.
Justice Raheel Kamran observed that the citizen’s explanation about going to Nigeria with his brother was not unreasonable. The FIA, however, did not record any proper reason to reject the passenger’s explanation.
The judgement noted that Muhammad Abbas suffered financial loss, mental anguish and defamation due to being offloaded. The court said the affected citizen may approach the relevant forum for compensation if he wishes.
The ruling is expected to shape future FIA procedures at airports and strengthen legal protections for passengers travelling abroad.
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