Irfan Nawaz Memon vs State S — 2024 MLD 1603 ISLAMABAD

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Irfan Nawaz Memon VS State S. 2---Exit Control List---Intra Court appeal---Scope---Petitioner was aggrieved of placing his name on Exit Control List---During the contempt proceedings in a matter before a Single Judge of the High Court, the appellant filed an Intra Court Appeal against the interlocutory order, passed by the Single Judge, whereby the charge of contempt of Court was framed against him---Said Intra Court Appeal was dismissed by a Division Bench; said order was challenged by the appellant before the Supreme Court of Pakistan in a Criminal Petition, which was dismissed as not pressed---Appellant had neither disclosed the fact of dismissal of first Intra Court Appeal in the instant matter by a Division Bench of the High Court nor disclosed that an appeal against the order was dismissed as not pressed by the Supreme Court of Pakistan---Neither said facts were mentioned in the instant appeal nor copies of the orders passed by both the Courts were placed on record---Appellant had concealed material facts by not mentioning the orders passed by High Court and the Supreme Court of Pakistan in earlier round of litigation---Person who seeks equity must approach the Court with clean hands---Admittedly show-cause notice had been withdrawn, warrants of arrest had also been cancelled and only grievance of the appellant was that his name was placed on Exit Control List---When confronted about whether on application to get permission for travelling for Umrah was filed before the Single Judge, counsel for appellant had stated that no formal application was filed in office, rather the same was given Single Judge during the proceedings but no order was passed---Appellant was required to file a proper application in the office for grant of exemption/permission for travelling to perform Umrah but admittedly said procedure had not been adopted---As the contempt proceedings against the appellant were pending, formal show cause notice had been issued; he was bound to appear in the Court on each and every date of hearing under S.17(2) of Contempt of Court Ordinance, 2003, thus, placing his name on Exit Control List would not cause any prejudice to him---Intra Court Appeal being not maintainable was dismissed in limine.

Irfan Nawaz Memon vs State S — 2024 MLD 1603 ISLAMABAD

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