Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2,2(3)

Law: Constitution of Pakistan, 1973

Section: 4,9,15,199

Exist from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2---Constitution of Pakistan, Arts.4, 9, 15 & 199---Constitutional petition---Exit Control List---Instruction of NAB---Fundamental rights, violation of---Imposition of compensatory costs---Grievance of petitioner was that his name had been placed on Exit Control List without any justification and he had been offloaded at the time when he was going to perform Hajj---Validity---Name of petitioner was placed on Exit Control List by Ministry of Interior in arbitrary and mechanical manner only on the instruction of NAB, without applying its own mind, without passing any speaking order and without disclosing basis of its intention of exercising powers under S.2(3) of Exit from Pakistan (Control) Ordinance, 1981---Such act on the part of government, which was not done fairly, reasonably or in good faith had violated not only valuable fundamental rights of petitioner guaranteed under Arts. 4, 9 & 15 of the Constitution but also prohibited petitioner from performing Hajj, which was one of the five fundamental religious obligations in Islam---High Court declared actions on the part of authorities in placing name of petitioner on Exit Control List, prohibiting him from travelling abroad and offloading him from Hajj flight, as arbitrary, void ab initio and without jurisdiction---High Court imposed cost of Rs.100,000/- on government which was to be recovered from delinquent officer(s) out of his/their personal account and not from national exchequer and to be paid to petitioner as compensatory cost within 30 days---High Court directed the authorities to remove name of petitioner from Exit Control List---Petition was allowed accordingly. Government of Pakistan v. Dada Amir Haider Khan PLD 1987 SC 504; Habibullah Niazi v. Federation of Pakistan through Federal Secretary, Ministry of Interior and 2 others PLD 2009 Kar. 243; Mir Khalid Langov v. Secretary, Ministry of Interior, Government of Pakistan, Islamabad PLD 2007 Quetta 41; Wajid Shamas-ul-Hassan v. Federation of Pakistan PLD 1997 Lah. 617; Mian Ayaz Anwar v. Federation of Pakistan PLD 2010 Lah. 230 and Rafi Ahmed and another v. Special Judge,…

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