Law: Exit from Pakistan (Control) Ordinance, 1981

Section: 2

Law: Constitution of Pakistan, 1973

Section: 199

(a) Exit from Pakistan (Control) Ordinance (XLVI of 1981)---.--- ---.----S. 2---.---Constitution of Pakistan, Art. 199---.---Territorial jurisdiction of the Sindh High Court---.---Scope---.---Name of respondent had been placed on Exit Control list as she was nominated in a case of murder of a customs officer in connection with smuggling of foreign currency---.---Sindh High Court struck down the notification, issued by the Ministry of Interior, whereby name of respondent was placed on the Exit Control List, and inter alia gave directions to remove her name from the said List---.---Plea on behalf of Ministry of Interior that since the subject notification/memorandum, whereby her name was placed on the Exit Control List, was issued on basis of an order passed by the Lahore High Court, and as per the recommendations of the Home Department, Government of Punjab, the High Court of Sindh had no jurisdiction in the matter, and was thus not competent to entertain and decide the respondent's petition in such regard---.---Validity---.---Impugned notification/ memorandum had been issued by the Federal Government, which functioned all over the country---.---Federal Government, though may have exclusive residence or location at Islamabad, but it would be deemed to function all over the country---.---Since the respondent resided in Karachi, she had a right and choice to proceed abroad through the international airport in Karachi, and in fact at least twice earlier she had tried to go abroad through the said airport, but was stopped owing to the earlier notifications, whereby her name was placed on the Exit Control List---.---Embargo placed on the respondent from leaving the country had in fact taken place at Karachi, which prevention in all likelihood, was to be repeated at Karachi in pursuance of the present impugned notification/memorandum and thus gave rise to a cause of action against the said notification/memorandum at Karachi because of its taking effect there---.---Sindh High Court, thus, had the territorial jurisdiction to entertain the Constitutional petition filed by the respondent against the impugned notification/ memorandum. LPG Association of Pakistan through…

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