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The Lahore High Court has ruled that passengers offloaded or stopped from travelling must be given written reasons, calling it a constitutional requirement.
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Passengers Offloaded From Flights Must Be Given Written Reasons, LHC Reminds Authorities
The Lahore High Court (LHC) has issued a strong reminder to the Federal Investigation Agency (FIA) and other authorities, ruling that any passenger offloaded or restrained from travelling must be provided with written reasons at the time of the action.
The court stressed that restricting a citizen’s right to travel without lawful justification violates constitutional guarantees and principles of due process.
Court Rebukes Authorities Over Arbitrary Use of Power
The observations were made by Justice Ali Zia Bajwa in an order issued after a hearing at the Multan Bench of the LHC.
The case involved a petition filed by Shaheryar Qandeel, who challenged his offloading from a flight despite possessing valid travel documents. The petition named the Ministry of Foreign Affairs and other authorities as respondents.
‘Every Restriction Must Have Clear Legal Basis’
In a strongly worded order, Justice Bajwa reminded authorities that any action affecting fundamental rights must be firmly grounded in law.
“Every exercise of power that infringes upon the fundamental rights of an individual must find its firm and unambiguous foundation in law,” the judge observed.
He added that no administrative discretion, regardless of how broad it may appear, can justify restricting a citizen’s liberty unless supported by a clear statutory provision or legal mandate.
Right to Travel Protected Under Constitution
The court emphasized that the rule of law requires strict adherence to due process when curbing a person’s freedom of movement.
“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,” Justice Bajwa ruled.
FIA Asked to Identify Legal Authority
During the proceedings, law officers and FIA officials sought more time to identify the specific legal provisions that empower authorities to restrain passengers at the last moment.
The judge expressed concern that officials were unable to cite the statutory basis for such actions, despite repeated opportunities.
No Written Reasons on Record, Court Notes
Justice Bajwa also took serious note of the fact that no written reasons for the petitioner’s offloading were available on record.
The court directed the FIA to provide written reasons to the petitioner well before the next hearing, making it clear that this requirement is not optional.
Written Reasons Called a ‘Substantive Safeguard’
The judge ruled that providing written justification is not a mere procedural formality.
“It is a substantive safeguard to uphold transparency, accountability, and the individual’s right to seek redress,” the order stated.
The court warned that failing to provide written reasons:
- Violates principles of natural justice
- Undermines due process
- Breaches the constitutionally guaranteed right to freedom of movement
Case to Be Heard Again
The matter has been relisted for a future hearing, where law officers are expected to assist the court by clearly identifying the legal provisions that allow authorities to impose travel restrictions.
Background: Rising Incidents of Passenger Offloading
The ruling comes amid a surge in reports of passengers being offloaded from international flights at various airports across Pakistan — even when they hold valid travel documents.
These actions intensified following a crackdown on migrant smuggling launched after the 2024 Greece boat tragedy, which claimed the lives of several Pakistanis.
PM Orders Probe Into Offloading Issue
Earlier this week, Prime Minister Shehbaz Sharif ordered the formation of a committee to investigate frequent passenger offloading, acknowledging growing public concern over the issue.
The committee is expected to review procedures and ensure that lawful travellers are not subjected to arbitrary restrictions.
A Landmark Reminder on Fundamental Rights
The LHC’s ruling sends a clear message that:
- Freedom of movement is a fundamental right
- Authorities must act within the bounds of law
- Citizens cannot be deprived of travel rights without written justification and due process
The decision is likely to have far-reaching implications for how travel restrictions are enforced across Pakistan.
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