Law: Exit from Pakistan (Control) Ordinance, 1981

Section: 2, 3, 5

Exit from Pakistan (Control) Ordinance, 1981 (XLVI of 1981)--

----Ss. 2, 3 & 5--Inclusion of name in ECL--Petitioner was involved in embezzlement--Institutional fraud--Trial was still in progress--Review jurisdiction was not availed by petitioner--Petitioner was a old person--A review, whereby a person aggrieved of order of Federal Government may within 15 days of making of order make a representation to Federal Government for review of order, setting out in representation grounds on which he seeks review--Review jurisdiction was not exercised by petitioner as this petition is premised on infringement of constitutional guarantees--Federal Government may pass an order in writing under subsection (1) of Section 2 of 1981 Ordinance prohibiting any person from proceeding abroad if he was found involved in economic crime where large government’s funds had been embezzled or institutional frauds committed--The petitioner was facing trial in a case involving embezzlement of a large institutional fraud--The petitioner was an old person and earlier has proceeded abroad once for medical treatment--The petitioner might be applied to trial Court for his exit on ground as could be raised by petitioner, which should be considered independently by trial Court in accordance with law--Petition disposed of.

Constitution of Pakistan, 1973--

----Art. 15--Freedom of movement--Every citizen shall have right to remain in, and, subject to any reasonable restriction imposed by law in public interest, enter and move freely throughout Pakistan and to reside and set in any part thereof.

 

ORDER

Muhammad Shafi Siddiqui, CJ.--The petitioner has invoked the jurisdiction of this Court challenging the inclusion of his name in the Exit Control List as being illegal, unconstitutional and