Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2,3

Law: Constitution of Pakistan, 1973

Section: 4,9,15,25

Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----Ss. 2 & 3--- Constitution of Pakistan, Arts. 4, 9, 15 & 25---Exit Control List---Criminal/Civil litigation, pendency of---Petitioner was a businessman whose name was entered in Exit Control List---Plea raised by petitioner was that he had been acquitted from courts of competent jurisdiction in cases got registered by Customs department for storing huge quantities of smuggled items---Validity---Cause assigned for placing name of petitioner on Exit Control List was not reasonable for curtailing liberty of a citizen to travel abroad---Such liberty could be curtailed if it was shown that foreign visit of petitioner endangered security of the state and/or was against public interest---No such material was available on record to justify action of authorities---Provisions of Arts. 4, 9. 15 & 25 of the Constitution made it vivid that every citizen had the liberty to travel abroad and enter into Pakistan unless he was precluded under the law made in public interest---Restraining order passed by authorities under S.2(3) of Exit from Pakistan (Control) Ordinance, 1981, was to be made in public interest and validity must be judged on the touchstone of reasonableness and fairness---Mere pendency of criminal or civil litigation against a citizen was no ground to deny freedom as guaranteed by the Constitution to travel within or out of Pakistan---High Court directed the authorities to remove the name of petitioner from Exit Control List---Constitutional petition was allowed in circumstances. State of the Islamic Republic of Pakistan v. Zulfiqar Ahmed 2005 SCMR 1469; Khan Muhammad Mahar v. Federation of Pakistan PLD 2005 Kar. 252; Messrs United Bank Ltd. v. Federation of Pakistan and others 2014 SCMR 856, Habibullah Niazi v. Federation of Pakistan through Federal Secretary, Ministry of Interior, Pakistan Secretariat, Islamabad and 2 others PLD 2009 Kar. 243 and Saleem Akhtar v. Federation of Pakistan and another PLD 1999 Kar. 177 rel. JUDGMENT ABDUL MAALIK GADDI, J.--Through the instant Constitutional Petition filed under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, the petitioner…

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