Law:

Section:

Exit from Pakistan (Control) Ordinance (XLVI of 1981)-------S. 2--Constitution of Pakistan (1973), Arts. 199 & 15---Constitutional petition---Placing name on Exit Control List---Name of petitioner who allegedly was member of Liberation Front was placed on Exit Control List merely on the ground that he had obtained passport and had tried to get No-Objection Certificate---No material was on record which could show that petitioner was involved in a criminal case or that he could leave country in order to escape any criminal liability ---Effect--­Government could prohibit citizen under S.2 of Exit From Pakistan (Control) Ordinance, 1981 from proceeding abroad to destination outside Pakistan as it was provided therein that powers had been granted to Government to place restriction on movement of any person from Pakistan to outside Pakistan---Such powers were wide enough whereby it would not be necessary for Government to afford opportunity of show cause against such order and also to specify grounds on which order was proposed to be made---Such powers, however, should not be exercised wildly, arbitrarily or capriciously, but should be exercised in accordance with Constitution---Such absolute powers were to be examined with caution and care and judicious application of mind---Mere placing name of petitioner on report of police, was not proper exercise of jurisdiction by Government---Mere apprehension that a citizen could be involved in any criminal liability, was not sufficient to place his name on Exit Control List and deprive him from his fundamental right of liberty inclusive of right to travel abroad---Citizens could not be deprived of their fundamental rights without any concrete evidence or complaint brought against him---Authorities had placed name of petitioner on Exit Control List without application of mind and without any material available against him---Authorities, in circumstances, having failed to exercise jurisdiction vested in them under law, their action could not be sustained---High Court set aside 'action of Authorities, in exercise of its Constitutional jurisdiction with directions that name of petitioner be deleted from the Exit Control…

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