Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2(3),2,3

Law: Constitution of Pakistan, 1973

Section: 199

(a) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2(3)--- Non-disclosure of grounds for placing name of a person on Exit Control List---Scope---Where the Government proposed to place the name of any person on Exit Control List and there were circumstances, which justified that such grounds were not to be disclosed in the public interest, then there had to be recorded finding giving justification for not disclosing the reasons to withhold such grounds "in the public interest"---Where there was no public interest, Government could not exercise any power to withhold the ground, therefore, it could not be said that in terms of S.2(3) of Exit from Pakistan (Control) Ordinance, 1981, Government had unfettered or unbridled authority to withhold the reason or ground under any and every circumstance. (b) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----Ss. 2 & 3---Constitution of Pakistan, Art. 199---Constitutional petition---Non-disclosure of grounds for placing name of a person on Exit Control List---Scope---Name placed on Exit Control List on account of a private dispute---Legality---Name of petitioner was placed on Exit Control List without specifying any ground for doing the same---Petitioner contended that his name had been placed on the said List on the recommendation of Ministry of Finance as he owed some money to a private company---Validity---Right of petitioner to be heard before placing his name in Exit Control List had been specifically taken away from him in terms of S.2(2) of Exit from Pakistan (Control) Ordinance, 1981, but it did not take away his right to be informed of the reasons for placing his name in the said List---Allegedly there was a private dispute between the petitioner and a private company and almost one year had passed but no substantial material or information was placed before the court---Any claim or dispute of any person or entity could be established and enforced through civil and/or criminal proceedings but private parties could not be allowed to use the Exit from Pakistan (Control) Ordinance, 1981 to settle personal scores---Even Exit from Pakistan (Control) Rules 2010, framed under section 5 of…

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