Law:

Section:

Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----Ss. 2 & 3---Constitution of Pakistan (1973), Arts. 199, 2A, 4, 9, 15 & 25--­C'on'stitutional petition---Power to prohibit exit from Pakistan---Right of a citizen to travel abroad being a fundamental right guaranteed by Arts. 2A, 4, 9, 15 & 25, Constitution of Pakistan (1973), abridgement of such right by the State through legislative measures has to be tested on the touchstone of the Constitutional provisions---Provision of S.2, Exit from Pakistan (Control) Ordinance,.1981 failing to provide any guidelines or reasonable classification for taking action against a person prohibiting him from travelling abroad and denying him valuable right of being heard and of knowing the reasons for such an action, was ex facie discriminatory as also capable of being administered in a discriminatory manner---Since no reasons are assigned to an aggrieved person, the remedy of review under S.3, Exit from Pakistan (Control) Ordinance, 1981 by making a representation becomes redundant---Validity of the Ordinance, therefore, cannot sustain on the touchstone of Arts. 2A, 4, 9 & 25 of the Constitution of Pakistan (1973)---Principles---High Court ordered that orders/actions on the part of the Federal Government prohibiting the petitioner from proceeding abroad by placing his name on- the Exit Control List were without lawful authority and of no legal effect---Petitioner was ordered by High Court to be allowed to proceed abroad without any obstruction or hindrance by the Federal Government or any of its Agencies or Authorities. The right of a citizen to travel abroad is a fundamental right guaranteed by Article 2A 4, 9, 15 and 25 of the Constitution of Islamic Republic o1 Pakistan, 1973. Abridgement of this fundamental right by the State through the legislative or an executive measure has to be tested on the touchstone of the Constitutional provisions. The life, liberty or property of a citizen cannot be taken away or adversely affected except in accordance with law. However, the "law", means,, a valid law which does not come in conflict with any of the provisions of the Constitution and should not be a law…

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