Law:

Section:

Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S.2---Placing name of petitioner on Exit Control List---Reference from National Accountability Bureau was pending---Effect---Petitioner was released on bail in two References filed against him by National Accountability Bureau and subsequently his name was placed on Exit Control List---Validity---While prohibiting a person from proceeding to a destination away from Pakistan, Ministry of Interior could not pass its order in a mechanical manner and if it was intended to curtail movement of any person for any reason then prohibition was to be through a speaking order---Petitioner was released on bail in two references filed against him by National Accountability Bureau authorities and no sufficient reason was given for placing his name in Exit Control List---Such order could not be termed as legal and valid---High Court directed the authorities to remove name of petitioner from Exit Control List as order passed by them was illegal, unlawful, without lawful authority and of no legal effect---Constitutional petition was allowed in circumstances. THIS JUDGMENT DELIVERED BY: LAL JAN KHATTAK, JUSTICE:---.--- Petitioner, through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has prayed this court for issuance of an appropriate writ to declare the order (Memorandum No. 2/33/2012-ECL) dated 22.01.2013 as illegal, unlawful, without lawful authority, void ab initio and of no legal effect, whereby his name has been placed in the Exit Control List. 2. Brief facts of the case are that the petitioner is a civil servant in the Accountant General's office of Khyber Pakhtunkhwa as an Auditor. He was appointed as Budget Officer, on deputation, with effect from 04.04.2005, in the Police Department, however, on his promotion to BPS-18, he was repatriated to his parent department. According to the record of the case, NAB authorities initiated an inquiry qua involvement of the petitioner and others regarding purchase of some sub-standard equipments in the police department. Pursuant to the ibid inquiry and investigation, petitioner's name was placed in Exit Control List vide…

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