Law: Exit from Pakistan (Control) Ordinance, 1981

Section: 2,2(3)

Law: Constitution of Pakistan, 1973

Section: 2A,4,9,15

(a) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2---Placing name on Exit Control List---Inquiry by National Accountability Bureau (NAB)---Special Assistant to Prime Minister (petitioner), who held dual citizenship, was facing inquiry by National Accountability Bureau (NAB) for setting up offshore companies in a foreign country---On the recommendation of NAB name of petitioner was placed on Exit Control List on the basis of an apprehension that he might abscond and leave Pakistan as he was not cooperating with NAB---Legality---After recommending placing name of petitioner on Exit Control List, the Chairman NAB later on recommended removing name of petitioner from the said List as a 'one time permission---Such 'one time permission' negated the stance of NAB inasmuch as if the petitioner had to abscond, he might do so pursuant to a one time permission to leave Pakistan---Such state of affairs clearly indicated that NAB did not genuinely believe in the reason advanced by it while recommending name of petitioner to be placed on the Exit Control List---Investigating officer admitted that the petitioner did attend inquiry proceedings as and when call up notices were issued to him, thus, there was nothing on record to show that the petitioner had not cooperated with NAB---Federal Government while placing name of petitioner on Exit Control List did not apply its mind and acted mechanically on the recommendations of NAB---High Court gave directions to the Federal Government for removing name of petitioner from the Exit Control List---Constitutional petition was allowed accordingly. (b) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2---Placing name on Exit Control List --- Federal Government, duty of---Scope---When name of an individual was placed on the Exit Control List (ECL), his freedom of movement was curbed and the same amounted to violation of Fundamental Rights---In such state of affairs, the power/authority was to be exercised by the executive sparingly after taking into account relevant facts and circumstances---Any recommendation by an investigative agency to place name of an individual on the Exit Control List was not to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492