Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2,2(3),282(3)

Law: Constitution of Pakistan, 1973

Section: 199

Exit from Pakistan (Control) Ordinance, 1981-- ----S. 282(3)--Constitution of Pakistan, 1973, Art. 199--Freedom to travel--Fundamental right--Restriction--Principle--It is a fundamental protection or right available to a person under constitution--Above said ordinance sets out process of law which a restriction could be placed on a person's right to travel abroad. Exit from Pakistan (Control) Ordinance, 1981-- ----S. 2 & 2(3)--Travel to abroad--Restriction--Power and Scope--Pre-requisite--Recording of reason has been held to be essential prerequisite for exercising power conferred, but, it shall not be necessary for the Federal Government to specify the grounds on which an order is made to prohibit any person from proceeding abroad, however federal government must record reasons for not specifying such ground--Petition allowed. 2014 SCMR 856, PLD 2010 Lah. 230, ref. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.- Through the instant petition under Article 199 of the Constitution, the petitioner, Dr. Joseph Wilson, seeks the quashment of memorandum dated 03.03.2017, issued by Ministry of Interior, Government of Pakistan (Respondent No. 1), whereby his name was placed on the Exit Control List ("E.C.L.") on the recommendation of the National Accountability Bureau (Respondent No. 2). 2. The record shows that the petitioner is a citizen of Pakistan by birth, and also a naturalized citizen of Canada. The petitioner is a lawyer by training, and has received an L.L.M. degree from the University of Georgia (U.S.A.) in 1995; a further L.L.M. degree from McGill University, Montreal (Canada) in 1996; and a degree of Doctorate of Law from McGill University, Canada, in 2002. 3. The petitioner served as a Member of the Competition Commission of Pakistan ("C.C.P.") for three consecutive terms of three years each until November, 2016. On 26.07.2013, the Federal Government notified the petitioner as the Acting Chairman, C.C.P., under Section 16 of the Competition Commission, Act, 2010 ("the 2010 Act"). The petitioner served as the Acting Chairman, C.C.P. from 22.08.2013 to 22.12.2014. 4. The petitioner was issued call-up notices dated 26.01.2016, and 28.04.2016, by…

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