Court orders FIA to justify last-minute travel restraints

The Lahore High Court (LHC) has issued a strong reminder to the Federal Investigation Agency (FIA) and other relevant authorities, directing that any individual offloaded or restrained from travelling must be provided with written reasons at the time the action is taken.

The observations were made by Justice Ali Zia Bajwa in an order issued after a hearing at the Multan Bench. The case was filed by a citizen, Shaheryar Qandeel, who challenged his offloading from a flight despite holding valid travel documents. The petition named the Ministry of Foreign Affairs and other authorities as respondents.

In his order, Justice Bajwa underscored that any exercise of state power affecting fundamental rights must have a clear and unambiguous basis in law. He observed that administrative discretion, regardless of its scope, cannot justify restricting a citizen’s liberty unless it is supported by a specific statutory provision or legal mandate.

The judge reaffirmed that the right to freedom of movement, including the right to leave the country, is constitutionally protected and cannot be curtailed without due process and fair procedure. He noted that individuals in possession of valid travel documents cannot be restrained arbitrarily or without lawful justification.

During the proceedings, Justice Bajwa expressed concern that law officers and FIA officials sought additional time to identify the precise legal provisions empowering them to offload passengers at the “eleventh hour.” The court further noted that no written reasons for the petitioner’s offloading were available on record.

Directing the FIA to provide written grounds to the petitioner well before the next hearing, the judge ruled that such documentation was not a procedural formality but a substantive safeguard. He stated that written reasons ensure transparency, accountability, and enable affected individuals to seek legal redress.

Justice Bajwa maintained that failure to provide reasons violates principles of natural justice, due process, and the constitutionally guaranteed right to freedom of movement. The case has been adjourned to a later date, with directions to law officers to assist the court by citing the specific legal framework governing travel restrictions.

The ruling comes amid a surge in reported incidents of passengers being offloaded from international flights at various airports, despite possessing valid documents. These measures followed a nationwide crackdown on migrant smuggling initiated after the 2024 Greece boat tragedy, which claimed the lives of several Pakistani nationals.

Earlier this week, Prime Minister Shehbaz Sharif also ordered the formation of a committee to investigate the frequent offloading of passengers, acknowledging growing public concern over the issue and its impact on lawful travellers.