Law: Exit from Pakistan (Control) Ordinance, 1981

Section: 3

Law: Passports Rules, 2021

Section: Rule 22

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

----S. 3---Passports Rules, 2021, R. 22 (2) Lists A & B---Passport Control List (PCL)---Categories of persons---Appellants were aggrieved of placing their names in PCL and were denied exit from Pakistan for the reason that their mother had been declared proclaimed offender in a criminal case---Validity---Federal Government is vested with powers to regulate departure from and entry within Pakistan, under R. 22 of Passport Rules, 2021---It is required under R. 22(2) of Passport Rules, 2021, that Directorate concerned and Directorate General of Immigration and Passport maintain PCL for placement of names in categories "A" and "B"---Category "A" admits names of persons involved in anti-state activities--There was no allegation against appellants for anti-State activities, levelled by authorities---Under category "B" list of names of those who had been refused passport but did not fall in category "A" was to be maintained---Respondents authorities never refused passport to appellants under Passport Rules, 2021--Criminal case in question involved allegation of huge loss to government exchequer and accused in that FIR did not join investigation---This alone could not be a valid reason for placing names of appellants on PCL for such a long time and curtailing their rights recognized in law---Year of occurrence given in FIR was 2019 when appellants were less than 16 years of age---Division Bench of High Court set aside the order passed by Judge in Chambers of High Court as names of appellants could not be retained in PCL---Intra Court Appeal was allowed in circumstances.

The Federal Government through Secretary Interior, Government of Pakistan v. Ms. Ayyan Ali and others 2017 SCMR 1179; Sheikh Shan Ilahi v. Federation of Pakistan through Secretary Interior, Ministry of Interior, Islamabad and 6 others PLD 2023 Lah. 359; Mian Muhammad Shahbaz Sharif v. Federation of Pakistan and 4 others 2019 PCr.LJ 1123; Dr. Joseph Wilson v. Federation of Pakistan through Secretary Ministry of Interior and others 2017 PCr.LJ 1569; Messrs United Bank Ltd. v. Federation of Pakistan and others 2014 CLD 544; Farah Mazhar and 3 others v. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad and 2 others PLD 2022 Lah. 119; Mrs. Ifrah Murtaza and another v. Government of Pakistan and others PLD 2019 Lah. 565; Hamid Khan through Authorized Attorney v. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad and others 2024 YLR 59; Faisal Maqbool Shaikh v. Federation of Pakistan through Secretary Interior, Ministry of Interior, Islamabad and 2 others (W.P. No. 2141 of