Law:

Section:

Exit from Pakistan (Control) Ordinance (XLVI of 1981)-------S. 2---Exit from Pakistan (Control) Rules, 2010, R.2(1) & (2)--- Constitution of Pakistan, Art. 199---Constitutional petition---Exit control list---Bank loan, recovery of---Name of petitioner had been placed on Exit Control List for recovery of bank loan when recovery suit was pending before Banking Court of competent jurisdiction---Validity---Where a person was involved in a private dispute, the provisions of Exit from Pakistan (Control) Rules, 2010, were not applicable, unless government interest was at stake or where person was involved in fraud against foreign banks and reputable companies with significant foreign investment or if it was shown that person was involved in heinous crime or in drug trafficking---Nothing was available on record that petitioner had committed any fraud with respondent banking company nor there was any such allegation against him of such nature---Suit relied upon by respondent banking company was simpliciter a case of financial liabilities which were secured against tangible security and the same had been liquidated against principal borrower and liability, if any, against petitioner was shown to be less than Rs.100 million---Unless such liability was shown against petitioner, as per Exit from Pakistan (Control) Rules, 2010, name of petitioner could not be placed on Exit Control List---High Court directed the authorities to delete the name of petitioner from Exit Control List, as there was no justification for the same---Petition was allowed in circumstances. Hashmat Ali Chawla v. Federation of Pakistan and others PLD 2003 Kar. 705; Zia Mohyuddin v. Additional Director (Emigration) Fedral Investigation Agency Airport, Karachi and others PLD 2010 Lah. 128 and Zurash Industries (Pvt.) Ltd. v. Federation of Pakistan and 3 others 2011 CLD 511 ref. Malik Altaf Javed and Malik Naeem for Petitioner. Muhammad Ashraf Khan Mughal, D.A.-G. for Respondent No.1. Muhammad Aslam, Additional Director and Mudasar Latif, Assistant Director for Respondents Nos. 2 and 3. Date of hearing: 29th September, 2011. ORDER MUSHIR ALAM, C.J.---(1) Petitioner Hassan Raza presently residing at…

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