Law: Constitution of Pakistan, 1973

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

Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2

Law: Criminal Procedure Code (V of 1898)

Section: 173

Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----Ss. 2 & 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Placing names on Exit Control List---Petitioners had assailed order of authorities (Federation of Pakistan) at the behest of National Accountability Bureau of placing the names of the petitioners on the Exit Control List---Names of the petitioners had been conveyed to be placed on Exit Control List on 'ground that investigation/prosecution against the petitioners was in progress---No material was available before the authorities to deprive the petitioners from their right of free movement and curtail their liberty---Facts of the case had not been correctly narrated . in the impugned order---Exit from Pakistan (Control) Ordinance, 1981, no doubt had empowered Federal Government to prohibit any person or class of persons from proceeding from Pakistan to a destination outside Pakistan, notwithstanding the fact that such person was in possession of valid travel documents, but authorities had included the names of the petitioners in the Exit Control List on the instructions of National Accountability Bureau which had no lawful authority to do so---Right of a citizen to travel abroad, was a fundamental right guaranteed by Arts.2-A, 4, 9, 15 & 25 of the Constitution---Abridgment of said fundamental rights by the State through. the Legislature or an executive measure had to be tested on the touchstone of constitutional provisions---Life, liberty and property of a citizen could not be taken away or adversely affected except in accordance with law---Impugned action of authorities (Federation of Pakistan) regarding placing the names of petitioners in the Exit Control List, was declared to have been taken without lawful authority and of no legal effect. Government of Pakistan and another v. Dada Amir Haider Khan PLD 1987 SC 504; Wajid Shamsul Hassan v. Federation of Pakistan through Secretary Ministry of Interior, Islamabad PLD 1997 Lah. 617; Superintendent of Police v. Abubakar 1972 SCMR 154 and Malik Mushtaq Awan v. Government of Pakistan and others PLD 1999 Lah. 372 ref. ORDER Sohail Latif son of Abdul Latif and two other…

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