Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2,3

Law: General Clauses Act, 1897

Section: 24A

Law: Constitution of Pakistan, 1973

Section: 4,9,10A,14,15,18,199

(a) Exit from Pakistan (Control) Ordinance (XLVI of 1981)--- ----Ss. 2 & 3---Constitution of Pakistan (1973), Arts. 4, 9, 10-A, 14, 15, 18 & 199---General Clauses Act (X of 1897), S.24-A--Constitutional petition---F.I.R. lodged against petitioner by his partner in relation of a private business dispute and its pendency in Criminal Court---Enlistment of petitioner's name on Exit Control List (ECL) on basis of such criminal case without speaking order and providing him copy of such restraint order---Validity---Nothing was available on record to show passing of any order before enlisting petitioner's name on ECL---Powers conferred upon Federal Government under S.2 of Exit from Pakistan (Control) Ordinance, 1981 were exercisable in public interest in accordance with law as per Art.15 of the Constitution---Petitioner's case being a private dispute, wherein Government interest was not involved, would not fall in negative list of Policy Document prepared by Government---Any legislation intruding or impinging any fundamental right of a person would be construed strictly---Exit from Pakistan (Control) Ordinance, 1981 being an extraordinary legislation had put fetter on fundamental constitutional right and freedom of a person to travel abroad---Abridgement of right to travel abroad might also infringe right to life, liberty, dignity and lawful trade/business/profession---Government, in order to meet extraordinary exigency could pass an ex parte restraint order against a person, but was bound to inform him of such order no sooner same was made---Without providing copy of restraint order, petitioner could not invoke valuable right of review conferred under S.3 of Exit from Pakistan (Control) Ordinance, 1981-Non-providing copy of such restraint order would be violative of Articles 4, 10-A & 15 of the Constitution---Such restraint order must precede Memo of placement on ECL---Issuance of such memo without any speaking and reasoned restraint order would be without lawful authority and illegal---High Court set aside impugned restraint order in circumstances---Principles. Habibullah Niaza v. Federation of Pakistan through Federal Secretary, Ministry of Interior, and…

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