Law:

Section:

Exit Control Ordinance (XLVI of 1981)--- ----Ss. 2 & 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Name of the petitioner was placed on exit control list --- Validity --- No incriminating material against the petitioner was available with the Government tending to show that he was involved in any serious kind of nefarious activities or acting prejudicial to the security and solidarity of the State---Nothing against the petitioner was pointed out to reflect whether he was going abroad to hatch any conspiracy against the national interest or his visit abroad could endanger the security of the State or was contrary to public interest---Held, although thf power purportedly vested in the Federal Government was apparently unfetterec and unrestricted, yet the same must be exercised fairly, reasonably, justly and it accordance with law and the Constitution---Order of the Government was bad it law, invalid and without lawful authority. Government of Pakistan v. Dada Amir Haider Khan PLD 1987 SC 504 Abdul Hafeez Pirzada v. Government of Pakistan 1989 CLC 79 and Wajic Shamsul Hassan v. Federation of Pakistan PLD 1997 Lah. 617 rel. THIS JUDGMENT DELIVERED BY: RANA BHAGWAN DAS, JUSTICE:---.--- Petitioner who is engaged in the business of construction industry in the name of Glaxy Construction (Pvt. Limited through this Constitutional Petition seeks to impugn the orders of the respondent Federation of Pakistan placing his 'name on the Exit Control List in the following circumstances: 2. It is the case of the petitioner that he is a law abiding citizen o Pakistan, has never been in default and pays income-tax in the-range of about Rs.10 to 12 lakhs to the Government of Pakistan every year. Out of his harp earning, he claims to have invested millions of rupees in raising construction of Hotel Glaxy onss Main Shahrae Faisal, Karachi. According .to him 'his whole stake is in Pakistan and all his earnings invested within the country. His younger brother Shahid Hassan living at 42-35 South Custer, Avelyonsillinois60535, Chicago, U.S.A. developed some serious problems of health and he intended to proceed to U.S.A. to look after his ailing brother,…

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