Law:

Section:

Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2(1)---Constitution of Pakistan, Art. 15---National Accountability Ordinance (XVIII of 1999), S. 9---Removal of name from Exit Control List---Accused was nominated in a case of cheating the public at large in connection with a housing project---Case record showed that the accused had been released on bail by the Supreme Court and he neither caused any delay in the trial court's proceedings nor attempted to abscond during such period---Trial of accused was not likely to conclude in the near future---Moreover the accused had already deposited his share of any potential liability with the concerned Accountability Court---Right of an accused to travel abroad as guaranteed under Art. 15 of the Constitution could not be lightly trifled with even if he was accused in a criminal case---High Court directed the concerned Ministry to remove the name of the present accused from the Exit Control List forthwith---Constitutional petition was allowed accordingly. Wajid Shamas-ul Hassan v. Federation of Pakistan PLD 1997 Lore 617; Federal Government v. Ms. Ayan Ali 2017 SCMR 1179 and Dr. Asim Hussain v. Federation of Pakistan dated 29.8.2017 ref. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, JUSTICE:---.--- By this order, we intend to dispose of the above petition filed by petitioner Rafiq son of Haji Usman, whereby he prayed that his name may be removed from the Exist Control List (ECL). 2. Brief facts of the case are that the National Accountability Bureau (NAB) filed Reference No. 20 of 2014 (State v. Sikandar Abdul Karim and others) concerning a case of cheating the public at large under S.9 of the National Accountability Ordinance, 1999 (NAO) in connection with a construction of a housing project i.e. Silver Sand on Commercial Plot No. DS-123, Khayaban-e-Shamsheer, Phase-V, DHA, Karachi whereby the petitioner was arrayed as accused No. 4 in the above said Reference. It further appears that he has cheated the public at large to the tune of Rs.9,485,900,000/- As such in order to prevent the petitioner from absconding the NAB requested the Ministry of Interior to place the petitioner on the ECL which was duly…

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