Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2,2(1),3

Law: General Clauses Act, 1897

Section: 24A

Law: Constitution of Pakistan, 1973

Section: 199,15,2A,4,9,25

Law: Passports Act, 1974

Section: 8(2)

(a) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2---Passports Act (XX of 1974), S.8(2)---General Clauses Act (3C of 1897), S.24-A---Power to prohibit exit from Pakistan, exercise of---Audi alteram partem, principle of---Applicability---Necessary in normal course to afford opportunity of hearing to person concerned before taking action under S.2(1) of Exit from Pakistan (Control) Ordinance, 1981---Ground for such action would not be communicated, if its disclosure was against public interest---If such action was challenged, then Federal Government would satisfy Court regarding bona fides of action and protection of public interest, failing which such action could be competently struck down being ultra vires of the Constitution and prevailing law. (b) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----Ss. 2 & 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Order prohibiting exit from Pakistan---Review, remedy of---Such remedy could be availed only, if person concerned knew about grounds behind such action taken---Person concerned could not ask for review, if he was not provided opportunity of hearing before such action taken or disclosure of grounds on the basis of which such order was passed--­Constitutional petition would thus be maintainable. Wajid Shamsul Hassan v. Government PLD 1997 Lah. 617 and Munawar Ali Sherazi v. Government PLD 1999 Lah. 459 fol. (c) Exit from Pakistan (Control) Ordinance (XLVI of 1981)---- ----S. 2---Passports Act (XX of 1974), S.8(2)---General Clauses Act (X of 1897), S.24-A---Constitution of Pakistan (1973), Art.15---Power to prohibit exit from Pakistan---Scope---Preventing a person from traveling abroad is statutory right of Federal Government, though person against whom action is taken might be possessing legal document for journey abroad---Such powers of Federal Government can be exercised by an authorized officer subject to limitations imposed by law. (d) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----S. 2---General Clauses Act (X of 1897), S.24-A---Constitution of Pakistan (1973), Arts. 2A, 4, 9, 15, 25 & 199---National Accountability Bureau Ordinance…

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