FARAH MAZHAR vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S — 2022 PLD 119 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 119 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: FARAH MAZHAR vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S
Subject matter: Criminal
Provisions referred to: S. 2---E; 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

FARAH MAZHAR VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S. 2---Exit from Pakistan (Control) Rules, 2010, R. 2(1)---Exit Control List---Civil disputes---Petitioners were family members of CEO of a company working at stock exchange, who was alleged to have embezzled invested amounts of his clients---Names of petitioners were placed on Exit Control List and they were prohibited from going abroad---Validity---Petitioners' case fell in none of the grounds listed in R.2(1) of Exit from Pakistan (Control) Rules, 2010---Dispute between CEO and clients of the company was essentially a private dispute---Petitioners were not directors or shareholders of the company---Case of petitioners did not fall under R.2(1)(b)(d) & (e) of Exit from Pakistan (Control) Rules, 2010---None of the petitioners was nominated by National Accountability Bureau (NAB) in Reference filed before Accountability Court and no role whatsoever was attributed to them---Benamidar accused as defined in National Accountability Ordinance, 1999, did not incur any penal liability who was entitled to show cause notice by Accountability Court during trial to afford opportunity to explain sources of income---If Benamidar failed to satisfy Accountability Court, the property was liable to be forfeited---High Court set aside order of placing names of petitioners on Exit Control List as there was no cogent or substantive reason to place names of petitioners on Exit Control List---Mere relationship of petitioners with CEO of the company was not a valid legal basis---Constitutional petition was allowed in circumstances.

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