| Citation(s) |
|---|
| 2026 SLG 1933 2026 SLD 1933 |
Islamabad High Court
W.P. No. 1525/2025
Presented By: (MUHAMMAD AZAM KHAN) JUDGE (KHADIM HUSSAIN SOOMRO) JUDGE
Petitioner by: Barrister Iftikhar Ahmed Shah, Advocate.
Respondents by: Mr. Azmat Bashir Tarar, AAG. Mr. Muhammad Rafay Maqsood, Sr. Special Prosecutor, NAB. Date of Decision: 18.06.2025.
W.P. No. 1525/2025
Presented By: (MUHAMMAD AZAM KHAN) JUDGE (KHADIM HUSSAIN SOOMRO) JUDGE
Petitioner by: Barrister Iftikhar Ahmed Shah, Advocate.
Respondents by: Mr. Azmat Bashir Tarar, AAG. Mr. Muhammad Rafay Maqsood, Sr. Special Prosecutor, NAB. Date of Decision: 18.06.2025.
Manzoor Qadir
VERSUS
Federation of Pakistan, etc.
Law: Constitution of Pakistan, 1973
Section: 199
Law: Code of Criminal Procedure, 1898
Section: 540-A
Law: National Accountability Ordinance, 1999
Section: 2
Law: Code Of Civil Procedure, 1908.
Section:
Tagline Maintainability of Writ Petition and Territorial Jurisdiction regarding Removal from Travel Control Lists (ECL/PCL/PNIL) during Pending NAB Trial. Summary The petitioner, a professional architect and former Director General of the Sindh Building Control Authority (SBCA), filed a writ petition seeking the removal of his name from the Passport Control List (PCL), Exit Control List (ECL), and Provisional National Identification List (PNIL). The petitioner, a cancer patient requiring urgent medical care in Canada, argued that his name was unlawfully included on these travel control lists due to a pending National Accountability Bureau (NAB) reference (Reference No. 01/2025) concerning the illegal grant of land to Bahria Town Karachi. The Court dismissed the writ petition as non-maintainable and misconceived on the following grounds: Lack of Territorial Jurisdiction: The mere presence of federal offices within the High Court's territorial limits does not confer jurisdiction. The dominant object of the grievance and the underlying trial (Reference No. 01/2025) reside in Karachi, Sindh, making the Sindh High Court the proper forum. Forum Consistency and Double Remedy: The petitioner had already approached the Sindh High Court for similar reliefs (including the deletion of his name from the ECL and quashment of the NAB reference). Initiating parallel proceedings in different High Courts violates judicial propriety and the principle of forum consistency. Exclusive Domain of the Trial Court: Since criminal trial proceedings are active, any request for exemption from personal appearance or permission to travel abroad must be directed to the competent trial court (Accountability Court, Karachi) under Section 540-A of the Code of Criminal Procedure, 1898. ORDER; KHADIM HUSSAIN SOOMRO, J: Today, CMs No. 1814 & 1815 of 2025, are fixed for hearing. However, learned counsel for the petitioner submits that main case may kindly be taken up for hearing today. The request is allowed. Through this writ petition, the petitioner prays as under:- Declare that the placing of the Petitioner’s name on PCL on account of pendency of theβ¦