Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 3

Law: Constitution of Pakistan, 1973

Section: 15,199

Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S.3---Constitution of Pakistan, Arts. 15 & 199---Constitutional petition---Exit Control List---Flight risk--- Right of free movement---Names of petitioners were entered in Exit Control List on the request of National Accountability Bureau, treating them as 'flight risk' without issuing show cause or speaking explanation---Memorandum through which names of petitioners were placed on ECL neither assigned any reason for doing so and appeared to have been issued in a mechanical manner---Validity--- Right of free movement included right of travelling abroad subject to reasonable restriction, and the same was guaranteed under Art.15 of the Constitution---In case such right was to be curtailed by applying reasonable restriction, such power must be exercised fairly, reasonably and in good faith--- Order whereby such restriction was imposed should not be passed mechanically on the request of any Ministry or department unless against public interest--- Such order must have detailed reason and reflected application of mind--- High Court directed the authorities to remove names of petitioners from Exit Control List---Petition was allowed, in circumstances. Wajid Shams-ul-Hassan v. Federation of Pakistan PLD 1997 Lah. 617; Khan Muhammad Mahar v. Federation of Pakistan PLD 2005 Kar. 252; Ashfaq Yousuf Tola v. Federation of Pakistan PLD 2006 Kar. 193; Nazir Adenwala v. Islamic Republic of Pakistan PLD 2013 Sindh 186 and Wasatullah Jeffery v. Ministry of Interior PLD 2014 Sindh 28 ref. THIS ORDER PASSED BY: SAJJAD ALI SHAH, JUSTICE:---.--- The Petitioners, who are / were the employees of Sui Southern Gas Company Limited upon acquiring knowledge that their names have been placed on Exit Control List (ECL), have filed the instant petitions seeking an order from this Court, that placement of their names on ECL be declared as void, ab-initio and consequently be struck down. It appears that after filing of the instant petitions DAG along with a statement filed Memorandum dated 25.01.2014 whereby the name of the Petitioners were placed on the ECL. The learned DAG further along with a statement has filed letter of NAB…

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