HAMID KHAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S — 2024 YLR 59 ISLAMABAD

Case information

Citation: 2024 YLR 59 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: YLR
Parties: HAMID KHAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S
Subject matter: Criminal
Provisions referred to: S. 2---C; S. 2

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

HAMID KHAN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad S. 2---Constitution of Pakistan, Art. 199---Constitutional petition---Exit Control List (ECL)---Placing name in ECL---Object, purpose and scope---Person residing abroad---Effect---Petitioner was residing abroad and was aggrieved of placing his name on Exit Control List by authorities---Validity---Authorities could not exercise powers under S. 2 of Exit from Pakistan (Control) Ordinance, 1981, placing name of petitioner on Exit Control List with knowledge of the fact that he was not in Pakistan---Exercise of such power would not serve the purpose of preventing petitioner from exiting Pakistan---Object and purpose of the provision of Exit from Pakistan (Control) Ordinance, 1981, was to prevent citizens from seeking to exit from Pakistan to a destination abroad and not to prevent citizens from returning to Pakistan---High Court set aside order placing name of petitioner on Exit Control List as the authority so exercised was in breach of S. 2 of Exit from Pakistan (Control) Ordinance, 1981---High Court did not restrain the authorities from arresting petitioner on his return to Pakistan for the purposes of a trial in accordance with orders of Trial Court---Petitioner could seek protection against such arrest by filing appropriate application seeking transitory bail to appear before Trial Court---Constitutional petition was allowed, in circumstances.

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