Law: Constitution of Pakistan, 1973

Section: 4,9,15,25

Law: Exit from Pakistan (Control) Ordinance, 1981

Section: XLVI,2

Constitution of Pakistan-------Arts. 4 , 9, 15 & 25---Exit from Pakistan (Control) Ordinance (XLVI of 1981), S. 2---Right to travel---Scope---Criminal case(s) , registration of---Name in Exit Control List, placing of---Scope---Names of both the petitioners had been placed in Exit Control List (ECL) in view of their involvement in criminal cases on the recommendations of Federal Investigation Agency (FIA) as per approval of the Federal Cabinet---Submission of the petitioners was that they had been granted bail in all the criminal cases and that they wished to perform Umrah asserting that the action of the respondents in placing their names in ECL violated their fundamental right to travel guaranteed under the Constitution--Validity---Right of a citizen to travel abroad is guaranteed by the Constitution which cannot be curtailed by administrative measures---High Court declared the actions ofthe respondents in placing the names of both the petitioners on ECL to be without lawful authority and of no legal effect and directed the respondents to immediately remove the names of the petitioners from ECL and allow them to proceed abroad for performance of Umrah without any hindrance---Constitutional petitions were allowed accordingly.Wajid Shamas-ul-Hassan v. Federation of Pakistan through Secretary PLD 1997 Lahore 617; Messrs Zurash Industries (Pvt.) Ltd. through Director and 4 others v. Federation of Pakistan through Secretary Ministry of Interior Islamabad and 3 others 2011 CLD 511; Mian Munir Ahmad v. Federation of Pakistan and others 2008 YLR 1508 and Tabish Badar v. Pakistan through Secretary, Ministry of Interior and others 2023 CLC 1457 ref.ORDERSHAMS MEHMOOD MIRZA, J.---This order shall decide present writ petition as well as connected Writ Petition bearing W.P.No.40193 of 2024 titled Zahara Ali Elahi v. Federation of Pakistan and others on account of common questions of law and fact involved in both the petitions.2.    The names of both the writ petitioners have been placed in Exit Control List (ECL) in view of their involvement in criminal cases on the recommendations of Federal Investigation Agency (FIA) as per the report submitted by…