Rasikh Elahi vs Federation of Pakistan through Secretary Ministry of Interior Islamabad arts — 2024 YLR 2616 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 2616 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Rasikh Elahi vs Federation of Pakistan through Secretary Ministry of Interior Islamabad arts
Subject matter: Criminal
Provisions referred to: S. 2---R

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

Rasikh Elahi VS Federation of Pakistan through Secretary Ministry of Interior Islamabad arts. 4 , 9, 15 & 25---Exit from Pakistan (Control) Ordinance (XLVI of 1981), S. 2---Right to travel---Scope---Criminal case(s) , registration of---Name in Exit Control List, placing of---Scope---Names of both the petitioners had been placed in Exit Control List (ECL) in view of their involvement in criminal cases on the recommendations of Federal Investigation agency (FIa) as per approval of the Federal Cabinet---Submission of the petitioners was that they had been granted bail in all the criminal cases and that they wished to perform Umrah asserting that the action of the respondents in placing their names in ECL violated their fundamental right to travel guaranteed under the Constitution---Validity---Right of a citizen to travel abroad is guaranteed by the Constitution which cannot be curtailed by administrative measures---High Court declared the actions ofthe respondents in placing the names of both the petitioners on ECL to be without lawful authority and of no legal effect and directed the respondents to immediately remove the names of the petitioners from ECL and allow them to proceed abroad for performance of Umrah without any hindrance---Constitutional petitions were allowed accordingly.

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