Law:

Section:

Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ---Ss. 2 & 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Placing name on Exit Control List---Petitioner had challenged in constitutional petition validity of notification whereby his name was placed on Exit Control List---No reasons, whatsoever had been mentioned in the said notification---Validity---Under subsection (3) of S.2 of Exit from Pakistan (Control) Ordinance, 1981, it was not necessary for Federal Government to specify grounds, if it would not be in the public interest, but as liberty of a citizen guaranteed by the Constitution was being curtailed, Federal Government was under legal obligation to have at least shown the basis of its intention of exercising power under subsection (3) of S.2 of Exit from Pakistan (Control) Ordinance, 1981---Federal Government on demand of court was legally bound to place on record the material which prompted it to place name on Exit Control List in order to satisfy conscience of the court and to show that such exercise was not colourful one---Contention of Standing Counsel of Federal Government regarding non-maintainability of constitutional petition without availing remedy of review available under S.3 of Exit from Pakistan (Control) Ordinance, 1981, was repelled, in view of the fact that reasons for placing name of petitioner on Exit Control List had neither been communicated to petitioner nor were disclosed in the impugned notification; which was necessary to enable the petitioner to avail remedy of review and in absence thereof, it was neither appropriate nor possible for petitioner to have availed such remedy of review---Constitutional petition, was maintainable, in circumstances---Impugned Notification whereby name of petitioner had been placed on Exit Control List, was declared to be bad in law, invalid and without lawful authority and same was struck down by the High Court. PLD 2003 Kar. 705; PLD 1997 Lah. 61; 2003 CLC 246 and PLD 1999 Lah. 459 ref. JUDGMENT AKHTAR ZAMAN MALGHANI, J.---The petitioner has challenged validity of notification dated 8th June, 2006 whereby; his name was placed on the Exit Control List by invoking…

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