| Citation(s) |
|---|
| 2006 SLG 2990 2006 SLD 2990 2006 PLD 193 |
Sindh High Court
Constitutional Petition No. D-1389 of 2005, decided on 13th December, 2005
SABIHUDDIN AHMED, C.J. AND MUHAMMAD ATHAR SAEED, J
Kazi Abdul Hameed Siddiqui for Petitioner. S. Zia-ud-Din Nasir for
Respondent
Constitutional Petition No. D-1389 of 2005, decided on 13th December, 2005
SABIHUDDIN AHMED, C.J. AND MUHAMMAD ATHAR SAEED, J
Kazi Abdul Hameed Siddiqui for Petitioner. S. Zia-ud-Din Nasir for
Respondent
ASHFAQ YOUSUF TOLA
VS
FEDERATION OF PAKISTAN through Secretary, Ministry of Interior and Narcotics Control, Islamabad
Law: Exits From Pakistan (Control) Ordinance, 1981
Section: 2
Law: Constitution of Pakistan, 1973
Section: 4,9,15,199
(a) Exit from Pakistan Control Ordinance (XLVI of 1981)--- ----S. 2---Constitution of Pakistan (1973), Art.4, 9, 15 & 199---Constitutional petition---Placing of petitioner's name on Exit Control List---Validity---Dispute of petitioner with National Accountability Bureau already settled four years ago---No allegation of any criminal offence against petitioner---Absence of declaration on behalf of authority for its failure to assign ground on consideration of public interest---Impugned action would amount to a serious inroad on petitioner's liberty---High Court accepted constitutional petition while directing forthwith removal of petitioner's name from the Exit Control List. (b) Exit from Pakistan Control Ordinance (XLVI of 1981)--- ----S. 2---Constitution of Pakistan (197), Arts. 4, 9 & 15---Power to prohibit exit from Pakistan---Scope---Such power available to Federal Government. was subject to well-established limits---Before passing an order, person concerned would normally be heard, unless considered in public interest not to specify the grounds. ORDER Learned counsel for petitioner states that the name of the petitioner was placed on the exit control list on 19th July, 1999 on account of certain allegations against him which formed the subject-matter of a reference filed before the NAB. According to the learned counsel however, apparently he addressed several letters/notices to the authorities but no order recalling the same was passed. On the contrary through a letter dated 25-4-2002 his request for doing so on 18-2-2002 was regretted. While the petitioner kept on moving the authorities the only response he got was in the form of a letter dated 25-4-2004 regretting his request. Learned counsel asserted that after settlement of the dispute with NAB…
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