Discussed Laws: Passport and Visa Manual, 2006.
The name of petitioner’s husband has been placed in the blacklist for having been involved in a criminal case under section 22 of Emigration Ordinance, 1979. Clause 51 of the Passport & Visa Manual, 2006 provides procedure for blacklisting, which is reproduced hereunder: –
“51. Procedure for blacklisting
(A) If any Passport Issuing Authority finds that a certain citizen of Pakistan is fit to be blacklisted for passport facilities, it would refer the matter to the Director General, Immigration and Passports giving such person‟s full particulars and reasons for his blacklisting. The Director General, Immigration and Passports will obtain the orders of the Ministry of Interior in the matter, where necessary.
(B) Federal Government is vested with powers to regulate the departure from Pakistan and visit abroad of its citizens under the provisions of “Passport Act, 1974” and “The Exit from Pakistan (Control) Ordinance, 1981.” In order to 3 W.P.No.33181 of 2023 check the exit of individuals from Pakistan, Black List / Exit Control List are maintained. The inclusion into and deletion from Exit Control List is the sole prerogative of the Ministry of interior. Brief description of Black List categories „A‟ & „B‟ is as under: –
(i) Category ‘A’: Under this category the names of those persons are placed who are believed to be involved in anti State activities or whose visit to foreign countries is considered to be prejudicial to the State interest, or, whose visit abroad is banned from security point of view. The names in this list are included or removed by the Ministry of Interior.
(ii) Category ‘B’: Under this category the names of those persons are placed who are involved in the offences punishable under section 6 of the Passport Act 1974 or those who were refused passport under Para 21 of Passport & Visa Manual. The names of persons are also included in this list on the recommendations of government agencies / departments as well as those who are deported / repatriated from abroad. Director General, Immigration and Passports is competent to place and remove names in this list.
(C) Normal period of retaining a person on the blacklist is five years. However, a person can be kept on blacklist even beyond five years provided the referring department recommends for further retention having full justification in this regard. The competent authority viz Additional Secretary, Ministry of Interior in case of category „A‟ and Director General, Immigration and Passports in case of category „B‟ may consider deletion of any person from such list on his appeal even before the normal period of five years. Both the blacklist categories „A‟ & „B‟ are subject to periodical review in consultation with the relevant agency / department on 4 W.P.No.33181 of 2023 whose instance the individual was blacklisted.
(D) The above lists reviewed periodically by the Review Committees category „A‟ & „B‟.”
The perusal of above provisions of law clearly manifests that the same can only be invoked if any citizen of Pakistan wants to leave the country but this is not the case in the matter in hand where the petitioner’s husband is desirous of entering Pakistan.
—respondents are directed to issue single sheet emergency passport to the petitioner’s husband for fifteen days only under Clause 33 of Passport and Visa Manual 2006 so that he may be able to return to Pakistan and face trial in the criminal case registered against him.
Reference:
Case Title: Rukhsana Bibi Vs. Federation of Pakistan and others Writ Petition No.33181 of 2023.