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P L D 2005 KARACHI 252

KHAN MUHAMMAD MAHAR
V/S
FEDERATION OF PAKISTAN
Per Anwar Zaheer Jamali, J-

(a) Constitution of Pakistan (1973) Arts. 4,9,14,15 & 199-

With reference to the submissions made by the learned counsel for the petitioner we have carefully perused the case record and seen that although the name of the petitioner was placed in the Exit Control List on 3-5-2000 but neither said order disclosed any reason for such action against him nor even thereafter any reason has been communicated to the petitioner in this regard. The applications of the petitioner addressed to the respondent no. 1 also did not receive any response even to the extent of communicating him the reason for placing his name in the Exit Control List. In the cases referred by the learned counsel for petitioner, precisely, it has been held by the superior Courts that liberty or every citizen of this country is safeguarded/guaranteed under Articles 4,9, 14 and 15 of the Constitution, thus, it is to be jealously safeguarded and any action without sufficient cause depriving/curtailing the liberty of a citizen is not warranted by law and liable to be struck down. Further it has been held that an arbitrary action under section 2 of the Exit from Pakistan (Control) Ordinance, 1981, is not immune from scrutiny by this Court in exercise of its powers under Article 199 of the Constitution.

In the instant case after going through the hole material placed on record we are clear in our mind that the action of the respondents in placing the name of the petitioner in the Exit Control List is wholly arbitrary, unjust, without any valid reason and violative of his fundamental rights.

Learned counsel for respondents has not been able to controvert this position from the record therefore his mere word for opposing this petition will not serve any purpose.

For the foregoing reasons order dated 3-5-2000 placing the name of the petitioner in the Exit Control List is declared to be illegal without lawful authority and of no legal effect. [p. 255] A

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