| Citation(s) |
|---|
| 2017 SLG 2677 2017 SLD 2677 = 2017 PCRLJ 920 |
Sindh High Court
Constitutional Petition No. D-3708 of 2016, decision Dated:19-01-2017. hearing Date : 9-01-2017.
NAIMATULLAH PHULPOTO, JUSTICE AHMED ALI M. SHAIKH, JUSTICE MOHAMMED KARIM KHAN AGHA, JUSTICE
Petitioner(s) by: Sardar Latif Khan Khosa and Qadir Khan Mandokhel
Respondent(s) by: Salman Talibuddin, Ms. Seemi Zaidi
Constitutional Petition No. D-3708 of 2016, decision Dated:19-01-2017. hearing Date : 9-01-2017.
NAIMATULLAH PHULPOTO, JUSTICE AHMED ALI M. SHAIKH, JUSTICE MOHAMMED KARIM KHAN AGHA, JUSTICE
Petitioner(s) by: Sardar Latif Khan Khosa and Qadir Khan Mandokhel
Respondent(s) by: Salman Talibuddin, Ms. Seemi Zaidi
MISS AYYAN ALIVSFEDERATION OF PAKISTAN AND OTHERS
Law: Exits From Pakistan (Control) Ordinance, 1981
Section: 2,3
Law: Constitution of Pakistan, 1973
Section: 4,15,25,199
(a) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----Ss. 2 & 3---Constitution of Pakistan, Art. 199---Power to prohibit exit from Pakistan--- Exit Control List ("ECL")--- Constitutional petition---Maintainability---Territorial jurisdiction of High Court under Art. 199 of the Constitution in matters relating to orders/memorandums issued by Federal Government in exercise of powers under S. 2 of the Exit from Pakistan (Control) Ordinance, 1981---Scope impugned placement of petitioner's name on the Exit Control List (ECL) via Memorandum issued by the Federal Ministry of Interior---Question before the Sindh High Court was whether the High Court had territorial jurisdiction over the matter, since the impugned memorandum was issued by the Federal Ministry of Interior in pursuance of recommendations of the Government of Punjab based on orders of the Lahore High Court---Validity---Record reflected that there were two earlier Constitutional petitions impugning memorandums whereby petitioner's name was placed on the ECL and both were struck down by the High Court and it was held that the Sindh High Court had territorial jurisdiction to hear the matter---Mere fact that Federal Ministry of Interior had issued the impugned memorandum in pursuance of orders of the Lahore High Court and on recommendations of the Government of Punjab was not sufficient to hold that Sindh High Court had no jurisdiction to entertain and decide the Constitutional petition---Order of the Lahore High Court had not clearly directed the Federal Ministry of Interior to place name of the petitioner on the ECL---Per Art. 199 of the Constitution, High Court could declare any act done or proceeding taken within the territorial jurisdiction of the High Court, by a person performing functions in connection with the affairs of the Federation, a Province or Local Authority, to have been done or taken without lawful authority and to be of no legal effect---Stringent view, if taken on the question of placing name of a person on the Exit Control List, would mean that only the High Court at Islamabad would have jurisdiction, and no other High Court could take up any issue against the Federation on…