TABISH BADAR vs PAKISTAN, through Secretary, Ministry of Interior art — 2023 CLC 1457 ISLAMABAD

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TABISH BADAR VS PAKISTAN, through Secretary, Ministry of Interior art. 199---Constitutional petition---Employer-employee relationship---Non-statutory rules---Effect---Non-statutory rules are deemed to be for internal regulation of an entity and do not have status of law---High Court can take cognizance under art. 199 of the Constitution---Under such non-statutory rules what statutory authority cannot do is claim and seek to exercise power that interferes with statutory or constitutional rights of a person. Citation Name: 2023 CLC 1457 ISLAMABADBookmark this Case TABISH BADAR VS PAKISTAN, through Secretary, Ministry of Interior S.2---Exit from Pakistan (Control) Rules, 2010, R. 2---Constitution of Pakistan, Arts. 9, 15 & 199---Constitutional petition---Exit Control List---Removal of name---Citizen residing abroad---Re-entry to Pakistan, restraining of---Petitioner was residing abroad who had violated terms of contract whereby after completing his PhD from abroad he was to serve for two years in Pakistan---Authorities terminated services of petitioner and his name was included in Exit Control List---Validity---Memorandum in question was coram non judice for not having been issued under the authority of Federal Cabinet---Such Memorandum was liable to be set-aside as it was illegal and irrational and was not supported by provisions of Exit from Pakistan (Control) Ordinance, 1981 read with Exit from Pakistan (Control) Rules, 2010---Federal Government was not vested with authority under Exit from Pakistan (Control) Ordinance, 1981, to place name of a citizen on ECL with full knowledge that such citizen was abroad and effect of placement of his name on ECL would be to prohibit his re-entry in Pakistan---Officials of the office of petitioner were vested with no authority to direct that name of any employee or former employee was placed on ECL---Any recommendation for such purpose was to be considered by Federal Government within the scope of provisions of Exit from Pakistan (Control) Ordinance, 1981, and Exit from Pakistan (Control) Rules, 2010---Order to such effect was to be passed by Federal Cabinet through an independent application of mind in view of material placed before Federal Cabinet on the basis of grounds mentioned in R.2 of the Exit from Pakistan (Control) Rules, 2010---Reasons were to be recorded for the exercise of such power after affording a citizen an opportunity to be heard, given that the effect of such order was to fetter right of a citizen to liberty and freedom to travel guaranteed by Arts. 9 and 15 of the Constitution---High Court directed the authorities to remove petitioner's name from ECL---Constitutional petition was allowed, in circumstances. Citation Name: 2023 CLC 1457 ISLAMABADBookmark this Case TABISH BADAR VS PAKISTAN, through Secretary, Ministry of Interior S.20a---Notification in official gazette---Effect---To be granted status of law, a legal instrument must be published and available to citizens so that they can organize their lives in view of the requirements of such law---Where a statutory organization is allowed to frame rules and regulations for internal consideration and such rules and regulations are not afforded status of law and are not required to be published in official gazette, provisions of such non-statutory rules cannot be implied to interfere with or undermine fundamental rights of persons whether or not they are subject to such rules and regulations.

TABISH BADAR vs PAKISTAN, through Secretary, Ministry of Interior art — 2023 CLC 1457 ISLAMABAD

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