Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Fundamental rights were arrayed as accused in NAB Reference No. 50 of 2016 and after trial were acquitted by Accountability Court vide dated 24.11.2018--During pendency of proceedings before NAB, names of petitioners were placed in Exit Control List/Black list--According to grievance voiced herein, though petitioners have been acquitted from aforesaid Accountability Reference but their names have not been removed from Exit Control List--Held: If a person is not required in any criminal case, his name cannot be placed in Exit Control List/Black list--Similarly, movement of an individual can only be curtailed in consonance with express provision of law--After having attained acquittal from Accountability Court, there is no occasion to place names of petitioners in Exit Control List/Black list--Even during arguments, Law Officer could not point out any circumstance so as to justify placing of petitioners’ names in Exit Control List/Black list--It is further observed that one Muhammad Iqbal Malik, who was also implicated along with petitioners as accused in aforementioned Reference, approached this Court through Writ Petition No. 1190/2020 with similar grievance and his name was ordered to be removed from Exit Control List/Black list--Even after careful examination of record, we have not come across any distinguishing feature between case of petitioner and of Muhammad Iqbal Malik. ORDER Through the instant writ petition, Muhammad Ibrahim Khosa and Mehmood Yaseen Zahid (petitioners) have made the following prayer: “In view of above, it is respectfully prayed that this petition may kindly be graced with acceptance and the respondents may very kindly be directed to remove the name of the petitioners from Exit Control List (Black List) as soon as possible so that the petitioners be able to move abroad for performing Umrah with their families, which is his religious obligation/duty and fundamental right. Any other relief to which this Hon’ble Court deemed fit, appropriate may also granted to petitioners.” 2. The brief facts, which led…

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