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P L D 1999 LAHORE 459

MUNAWAR ALI SHERAZI
V/S
FEDERATION OF PAKISTAN through Ministry of Interior, Govt. of Pak. ISB

Per Karamat Nazir Bhandari, J.

(a) Constitution of Pakistan (1973) Art. 199

Whether pendency of an enquiry whereby the petitioner may be held liable to pay some amount is a ground covered by expression “public expression” need not be decided in this case, since it is admitted before me that so far no reason whatsoever has been communicated to the petitioner for justifying impugned action.  In my view this non-communication itself is enough to justify intervention action.  In my view this non-communication itself is enough to justify intervention by this Court.[p. 461]A.

Undisputedly, the reasons for placing the name of the petitioner on the Exit Control List, have not been communicated to the petitioner.  This non-communication renders the impugned action as illegal and without lawful authority.  I hereby declare it so. I further declare that the above action is of no legal effect.  This petition is allowed without any order as to costs.[p. 461]D

(b) Constitution of Pakistan (1973) Art. 15

This interpretation is logical as the right to travel is part of fundamental right of liberty and free movement laid down in Constitution which are so jealously guarded by the superior Courts.[p. 461]D.

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