| Citation(s) |
|---|
| 2026 SLG 418 2026 SLD 418 = 2026 LHC 1359 |
Writ Petition No.77067 of 2025
Presented By: (Muhammad Sajid Mehmood Sethi) Judge
Date of hearing: 25.02.2026. Petitioner by: M/s. Abuzar Salman Khan Niazi, Zain Sheikh and Barrister Umar Bin Khalid Cheema, Advocates.
Respondents by: Mr. Muhammad Zain Qazi, Assistant Attorney General.
Muhammad Usman Dar
VERSUS
Federation of Pakistan through Secretary Interior Division, Islamabad & others
Law: Constitution of Pakistan 1973
Section: 4, 9, 10-A, 15, 25, 199
Law: Exit from Pakistan (Control) Ordinance, 1981
Section: 2, 3
Law: Exit from Pakistan (Control) Rules, 2010
Section: 2(1)(c)
Law: General Clauses Act, 1897
Section: 24-A
Summary
The petitioner Muhammad Usman Dar challenged the Memorandum dated 05.12.2025 and the Federal Cabinet decision dated 03.12.2025 through which his name was placed on the Exit Control List (ECL).
The petitioner argued that the action was arbitrary, mala fide, and taken without notice or hearing, thereby violating his fundamental rights under Articles 4, 9, 10-A, 15 and 25 of the Constitution. He further contended that the trial court had already granted him permission to travel abroad, and mere pendency of criminal proceedings could not justify curtailing his right to travel.
The respondents argued that the petitioner had an alternate remedy under Section 3 of the Exit from Pakistan (Control) Ordinance, 1981 and that his name was placed on ECL on the recommendation of law-enforcement authorities due to pending criminal cases.