Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2

Law: Constitution of Pakistan, 1973

Section: 6,199,15,2A,4,9,25

(a) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2---Constitution of Pakistan, Arts. 6 & 199---Constitutional petition---Court placing name of petitioner on Exit Control List ("ECL") by way of interim order---Final order passed by court not giving any findings with regard to Exit Control List---Effect---Interim order would merge in the final order and would not survive after final adjudication---Petitioner was accused of committing high treason and other various offences---During pendency of his trials, name of petitioner was placed on Exit Control List by the Federal Government on 5-4-2013---Supreme Court while hearing different petitions concerning the petitioner passed an interim order dated 8-4-2013 directing Federal Government to place name of petitioner on Exit Control List, after which the Supreme Court was informed that the same had already been done---Said petitions were finally disposed of by the Supreme Court on 3-7-2013 but without recording any findings with regard to the Exit Control List---Plea of petitioner that interim order of Supreme Court dated 8-4-2013 was an interim order and directions contained in it for placing name of petitioner on ECL were not retained in the final order dated 3-7-2013 passed by the same court---Validity---When the final order was passed by the Supreme Court on 3-7-2013 no directions were given therein to continue the name of petitioner on Exit Control List---When the interim order dated 8-4-2013 was passed by the Supreme Court it recorded contentions against the petitioner to the effect that he should be taken into custody and tried under Art. 6 of the Constitution but in the final order the Supreme Court did not touch the question of abrogation or subversion or holding in abeyance the Constitution or any conspiracy in such behalf or indeed the question of suspending or holding the Constitution in abeyance or the issue as to abetment or collaboration in the acts mentioned in Art. 6 of the Constitution---Findings recorded by the Supreme Court in both orders made it quite visible that as an interim measure the directions were issued for placing name of petitioner on Exit Control List but…

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