Summary Lahore High Court ruled FIA cannot offload passengers on mere suspicion and issued new guidelines to ensure transparency and lawful action at airports
LAHORE (Dunya News) - The Lahore High Court has issued detailed guidelines to the Federal Investigation Agency regarding the offloading of passengers travelling abroad, ruling that citizens cannot be stopped from international travel merely on the basis of suspicion or vague reasons.
The court declared the FIA’s action of stopping a citizen from travelling to Nigeria illegal and set aside the decision to offload the passenger despite him possessing all required travel documents.
According to the written verdict, the petitioner challenged the FIA’s action after he was offloaded despite having valid immigration clearance and a boarding card. The petitioner stated that he was suddenly stopped from boarding the flight even after completing all travel formalities.
The petitioner argued that the FIA prevented him from travelling merely on the suspicion that he might not return from Dubai. The court noted that the petitioner was neither involved in any criminal case or inquiry nor included in any blacklist or the Exit Control List (ECL).
LHC orders authorities to give written reasons for offloading passengers
The petitioner further maintained that the offloading caused him financial loss, mental distress, and reputational damage.
In its ruling, the court observed that travelling abroad is a fundamental constitutional right of every citizen. It stated that although the FIA possesses powers related to immigration control, those powers are not unlimited and must be exercised lawfully and transparently.
The court ruled that recording reasons for offloading is not a mere formality but a legal requirement, adding that administrative powers must be exercised fairly, transparently, and in accordance with the law.
According to the judgment, the citizen’s explanation that he was travelling to Nigeria to visit his brother was not unreasonable, while the FIA failed to record any valid reason for rejecting his explanation.
The court further observed that the affected citizen may approach the relevant legal forum for compensation if he chooses to seek damages.
The verdict declared it unlawful to offload a passenger possessing a valid visa, ticket, and complete travel documents without proper legal justification.
Justice Raheel Kamran issued the nine-page written verdict on the petition filed by citizen Muhammad Abbas.
The Lahore High Court also issued fresh guidelines for FIA officials dealing with international passengers. Under the directives, officers must record detailed and meaningful reasons while offloading any passenger.
The court directed that questions asked from passengers and their responses must also be documented, while interviews or conversations should be electronically recorded wherever possible.
According to the ruling, a copy of the offloading order or relevant proforma must also be provided to the affected passenger.
The court emphasized that no citizen can be stopped from travelling abroad merely on the basis of assumptions, vague concerns, or unsubstantiated fears.
