The Supreme Court of Pakistan has been asked to annul a decision taken by the federal interior ministry to not issue or renew the passports of those Pakistanis who have sought asylum abroad.
On June 5, Federal Interior Minister Mohsin Naqvi via a letter, had directed his ministry to stop issuing passports to Pakistanis seeking asylum abroad.
On Tuesday, Advocate Muhammad Saim moved a petition in the Supreme Court under Article 184(3), urging the top court to declare the interior ministry's new policy unconstitutional, null, and void ab initio.
"It is further prayed that the operation of the impugned policy decision may very kindly be suspended, allowing the issuance of passports to asylum seekers and those living under asylum, in the interest of justice," the petition argued.
The petitioner listed the interior ministry, the Directorate General of Immigration & Passports, and Policy Assistant Director Najeeb Ur Rehman as respondents because they directed not to issue passports to individuals who may have sought asylum or were already living on asylum in a foreign country.
The petition said the policy notification lacked sufficient justification and failed to provide independent review mechanisms to the affected individuals.
"The notification dated June 5, 2024, is arbitrary, discriminatory, and in violation of the principles of proportionality, procedural fairness, and against the fundamental Constitutional rights guaranteed under Articles 10-A, 15, and 25 of the Constitution."
The petition further stated that the notification is disproportionate to the purported aim of national security and exceeds the powers conferred to the ministry under the Passport Act.
"The refusal to issue passports on national security grounds, without adequate reasoning or providing an opportunity to the affected individuals to address the concerns, constitutes a denial of natural justice and procedural fairness."
The petition said the interior minister's decision prevents citizens, who have sought or are under asylum, from obtaining a Pakistani passport, thus severely restricting their fundamental rights.
It is contended that the right to life and liberty ensures that no person shall be deprived of life or liberty save in accordance with the law.
"The denial of passports without due process and legal justification is a violation of the liberty of individuals and contravenes Article 9."
It further argued that denying citizens passports without cogent reasons denies individuals their right to a fair procedure. "Without being informed of the adverse reasons, applicants are deprived of the opportunity to respond and address these concerns."
The petition contended that the policy unfairly stigmatises asylum seekers, impacting their dignity and self-esteem, adding that the policy discriminates against a specific category of citizens, denying them equal treatment under the law.
"The notification lacks an independent assessment mechanism for each case and fails to provide a right of appeal, resulting in an unjust and arbitrary exercise of power."
"The policy did not adequately balance the citizens' right to know the reasons for the decision with the need to protect national security, thus it appears to be a whimsical exercise reminiscent of the Mughal era, lacking legal rationality and fairness."