ISLAMABAD: The Islamabad High Court (IHC) has ordered the removal of YouTuber Rajab Butt’s name from the Passport Control List (PCL), ruling that the continuation of travel restrictions without lawful justification violates fundamental rights guaranteed under the Constitution.
In a detailed six-page judgment, Justice Muhammad Azam Khan directed the relevant authorities to immediately remove the petitioner’s name from the PCL, provided there was no other legal impediment or restraining order issued by a competent court.
The court noted that Rajab Butt’s name had been placed on the PCL at the request of the National Cyber Crime Investigation Agency (NCCIA).
However, during the proceedings, the deputy attorney general informed the bench that the NCCIA had no objection to the removal of the petitioner’s name from the list.
The judgment observed that while the power to include an individual’s name in the PCL is derived from the Passport Act and relevant rules, such authority is not absolute and must be exercised in a fair, just, and lawful manner.
“Placing a person’s name on the Passport Control List directly impacts their fundamental right to free movement,” the court emphasised, adding that any such restriction must be backed by solid and legally sustainable reasons.
The bench pointed out serious procedural lapses in the case, noting that there was nothing on record to suggest that a show-cause notice had been issued to the petitioner prior to placing his name on the PCL. The absence of due process, the court held, rendered the action legally questionable.
The court further ruled that mere pendency of an inquiry or investigation does not constitute sufficient grounds to impose a travel ban. It explained that the primary objective of placing a name on the PCL is to ensure the presence of the individual before the investigating agency or a court of law.
“Once that purpose is achieved, continuation of the restriction becomes unnecessary and devoid of legal standing,” the judgment stated.
In this case, the court noted, the petitioner had already appeared before the NCCIA and fully participated in the inquiry process. There was no material on record to suggest that he was likely to abscond, evade the law, or influence the investigation in any manner.
The bench observed that although placing the petitioner’s name on the PCL initially could have been justified to secure his appearance before the investigating agency, the situation had materially changed after his cooperation with the inquiry.
Significantly, the court held that the continuation of the travel ban even after the investigating agency expressed “no objection” was illegal and unjustified.
“Keeping the name of the applicant on the Passport Control List after receiving no objection from the concerned authority lacks legal basis,” the court ruled, directing immediate corrective action.
Last month, the NCCIA informed the IHC that it has no objection to removing the name of Butt from the travel ban list.
A sessions court in April recalled the interim bail granted earlier to the YouTuber over non-prosecution in a case pertaining to allegedly “hurting religious sentiments”.
The case is about a viral video of the YouTuber in which he was, according to the complainant, allegedly “disrespecting” prayer.
Butt has one of the largest online followings in the country and has been embroiled in controversy for years, including over his brief custody of a lion cub.