AMANULLAH MEMON vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S — 2022 PCrLJ 1217 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 1217 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: AMANULLAH MEMON vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S
Subject matter: Criminal
Provisions referred to: S. 26---E; S. 3---C; S. 26; Criminal Procedure Code (V of 1898); National Accountability Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AMANULLAH MEMON VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior S. 26---Exit from Pakistan (Control) Ordinance (XLVI of 1981), S. 3---Criminal Procedure Code (V of 1898), Ss. 337, 338 & 339---Constitution of Pakistan, Art. 199---Exit Control List---Removal of name---Tender of pardon---Effect---Petitioner was accused who was made approver and had been granted pardon to disclose facts during trial---Petitioner was aggrieved of placing his name in Exit Control List---Validity---Dispensation underlying in provisions of Ss. 337, 338 & 339, Cr.P.C. were incorporated in S. 26 of National Accountability Ordinance, 1999, with a few modifications befitting the law---Chairman NAB had substituted District Public Prosecutor for the purpose---Provision of S. 26 of National Accountability Ordinance, 1999, did not put a bar on travel of a person who had accepted tender of pardon---All that a person having accepted pardon was required to do was to present himself for examination by Magistrate for recording his pela first and then as a witness in subsequent trial---Petitioner had complied with first requirement and his statement under section 164 Cr.P.C. was recorded before Magistrate---Necessity to take action against person who had accepted pardon, as envisaged by S. 26(f) of National Accountability Ordinance, 1999, would arise only when Chairman NAB certified that he had willfully concealed anything essential or given false evidence through willful or reckless misstatement or not complied with the conditions on which tender was made---High Court directed the authorities to remove name of petitioner from Exit Control List---Constitutional petition was allowed accordingly.

Other judgments reported in 2022 PCRLJ

2022 PCrLJ 296 LAHORE-HIGH-COURT-LAHORESAEED VS State art. 22---Identification parade---Object---accused not known previously---Effect---If complainant does not know accused prior…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State S. 50---General Clauses Act (X of 1897), S. 26---Provision as to offences punishable under two or more enactments---Rel…
2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State S. 497---Expressions "appears" and "brought"---Scope---Expression "appears" means appears in response to a summon by Co…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State Preamble, Ss. 27, 28, 30, 36, 44 & 50---Legal recognition of offences committed in relation to information system, Paki…
2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State Ss. 344 & 497---Penal Code (XLV of 1860), Ss. 295-B, 298-C, 120-B, 34 & 109---prevention of electronic Crimes Act (XL o…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State Preamble, Ss. 27, 28, 30, 36, 44 & 50---Legal recognition ofoffences committed in relation to information system, Pakis…

Back to the case-law library · Search Pakistani case law in Urdu or English