PESHAWAR: The Peshawar High Court (PHC) has restored a civil suit for damages filed by a senior journalist, Mehmood Jan (Babar), against the United States of America through its Consulate Office in Peshawar.
The case had previously been dismissed by a lower court due to non-prosecution, a move the PHC now overturned, citing the right to due process.Presiding over a single-member bench, Justice Muhammad Ijaz Khan set aside the orders of both the trial court dated 19 July 2021 and the Additional District Judge-XV dated 31 March 2022.
The appeal arose after the trial court dismissed Mehmood Jan’s damages suit for non-appearance, citing procedural delay.Mehmood Jan’s legal counsel had passed away during the pendency of the case due to stomach cancer, which resulted in missed court appearances.
The high court observed that the trial court’s decision to dismiss the case merely due to a short delay was a denial of the appellant’s constitutional right to a fair trial and due process, as enshrined in Article 10-A of the Constitution of Pakistan.Justice Muhammad Ijaz Khan emphasised that courts must look beyond procedural technicalities and adopt a dynamic approach to ensure substantive justice.
“The due process of law also means that no party to a dispute should be deprived of proving their case following legal requirements,” the judgment noted.The ruling also cited the Supreme Court’s 2022 decision in Federation of Pakistan through Secretary Finance v. Another, reinforcing that all citizens have an inalienable right to be treated according to the law.
In light of these considerations, the PHC restored Mehmood Jan’s original suit and directed the trial court to resume proceedings from the stage at which the case was dismissed. Both parties were instructed to appear before the trial court on June 23, 2025.
The suit, filed by the journalist, seeks $20 million in damages for what he terms as “humiliation, physical and mental torture, and financial loss” allegedly inflicted by US authorities.The dispute dates back to October 2020, when Mehmood was barred from boarding a connecting flight to New York at Istanbul Airport, despite possessing a valid five-year US professional visa (Type I) issued in 2016.
He had planned to cover the US presidential elections for his media outlets. After verifying his visa and travel documents in Islamabad, he was allowed to board a Turkish Airlines flight, but was stopped in Istanbul and forced to return to Pakistan “in an undignified and insulting manner.” Upon inquiry, Turkish Airlines informed him that the US Embassy had revoked his visa.
The US Embassy later confirmed the revocation under Section 221(i) of the US Immigration and Nationality Act, but gave no reasons.The journalist claimed he was not informed in advance, nor provided any explanation during or after the incident.
His counsel, Fida Gul, argued that all relevant agencies, including the airline, immigration officials, and the US Embassy, failed in their respective duties to inform his client of the visa status and prevent unnecessary travel and public embarrassment.
The journalist later served a fresh legal notice on the US Embassy through Pakistan’s Ministry of Foreign Affairs, to which the embassy responded, expressing regret for the inconvenience but reiterating that it was the US Department of State - not the consulate - that had declared him ineligible for travel.
On the other hand, the US Embassy took the plea that the legal documents were not sent to them through proper channels, “[the plaintiff] did not provide sixty days’ notice and did not include sufficient information about the case, the manner and timing of service were defective.” Besides, it argued that under customary international law, a foreign sovereign was not required to file a responsive pleading or appear before the courts or other tribunals of another state, unless proper service of process is provided.The PHC, however, found these procedural defences insufficient to override a citizen’s right to a fair trial, and has now reopened the case for regular proceedings.