Law:

Section:

Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2(3)---Constitution of Pakistan, Arts. 199, 4, 9, 14 & 15---Constitutional petition---Exit Control List---Placing name in the Exit Control List due to pendency of reference filed by NAB authorities---Fundamental rights---Guarantee---Public interest---Scope---Name of petitioner was placed in Exit Control List without attending to the formalities and in a mechanical manner---Liberty of a citizen was guaranteed and same was to be protected covetously---Action which would curtail the liberty of a person should be taken in accordance with law and on showing sufficient cause in its favour---Authority was not bound to specify the reasons of an order to prohibit any person from proceeding from Pakistan when same were not in public interest---Authorities had recommended placing the name of petitioner on Exit Control List due to pendency of a reference---Co-accused facing alike indictment had been allowed to travel abroad and deletion of their names from the Exit Control List had been ordered by the court---Placing name of a person on Exit Control List on the instructions of NAB authorities in a mechanical manner without assigning any reason was not the scheme of law---Memorandum through which the name of the petitioner was placed on Exit Control List had neither been supplied to the petitioner nor had the same been placed before the court to appreciate any details or reasons for its justification---Any such restriction which was going to be imposed on a person should not be resorted to unless the exit of a person from Pakistan was deemed to be against the public interest---Detail reasons should be assigned in the memorandum putting a clog on the travel of a person abroad---Authorities were directed to remove the name of the petitioner from Exit Control List, however present order should not be read to have any effect in the pending proceedings against the petitioner or the right of the authorities to take subject action against him in accordance with law---Constitutional petition was accepted accordingly. ORDER MUHAMMAD IQBAL KALHORO, J.--Through the instant petition the petitioner has prayed for the…

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