The Peshawar High Court (PHC) on Wednesday issued notices to the federal government, the Federal Investigation Agency (FIA), the Khyber Pakhtunkhwa Inspector General of Police, and other respondents, seeking their replies within 14 days to a petition challenging the placement of Pakistan Tehreek-e-Insaf (PTI) leader and Member National Assembly (MNA) Asad Qaiser's name on the Passport Control List (PCL).
The petition was heard by a two-member bench comprising Justice Ijaz Anwar and Justice Faheem Wali. Counsel for the petitioner, Asif Babar Advocate, told the court that Asad Qaiser is a former National Assembly speaker and a sitting MNA whose name had been placed on the PCL.
The lawyer argued that the restriction has prevented his client from travelling abroad, despite the fact that he has secured bail in cases registered against him and has been acquitted in some. He maintained that Asad Qaiser's name was included on the list despite these legal developments.
Justice Ijaz Anwar stated that notices would be issued to the respondents to seek their replies. The court subsequently issued notices to the federal government, the FIA, the KP IGP, and other respondents, directing them to submit their replies within 14 days.
The legal team for the petitioner emphasized that the inclusion of a sitting parliamentarian's name on such a list without due process violates fundamental rights. They argued that the restriction is politically motivated and lacks a solid legal foundation given the current status of the cases against the leader.
The court observed that the respondents must clarify the grounds upon which the name was placed on the PCL. The bench noted that the state is required to provide a transparent justification for restricting the movement of a citizen, especially a public representative.
The hearing was then adjourned until the next date, by which time the respondents are expected to file their formal responses. The court will then evaluate whether the PCL placement meets the legal criteria or if it constitutes an overreach of executive authority.
This case is being closely watched by political observers as it touches upon the broader issue of travel restrictions placed on opposition leaders. The outcome of this petition could set a precedent for how the court handles similar challenges regarding the PCL and Exit Control List (ECL) in the future.
Asad Qaiser, who has remained a prominent figure within the PTI, has faced multiple legal challenges since the events of May 9. His legal team remains confident that the court will provide relief once the government fails to justify the necessity of the travel ban.
The proceedings concluded with the bench reiterating that the rule of law must be upheld in all administrative actions. The court's decision to seek a response within 14 days underscores the urgency of the matter for the petitioner.