FARRUKH NIAZ vs FEDERAL GOVERNMENT OF PAKISTAN
This constitutional petition was filed before the Sindh High Court challenging the placement of the petitioner's name on the Exit Control List (ECL) on 2-6-2004, following an inquiry by the National Accountability Bureau regarding allegations of accumulating assets beyond known sources of income. The core legal question was whether placing and keeping a citizen's name on the ECL without assigning reasons, issuing prior notice, or concluding a pending inquiry for over two years constitutes an unjustified restriction on the right of movement and liberty. The Court held that the placement of the petitioner's name on the ECL was unjustified and violated his right to liberty as no grounds were divulged, no notice was served, and the inquiry remained inconclusive after two years. The key principle laid down is that restricting a citizen's movement through the ECL without disclosing grounds, providing an opportunity of being heard, or maintaining an indefinite inquiry without justification is unsustainable in law, and names so placed must be removed.
- Whether placing a person's name on the Exit Control List without assigning reasons or issuing notice is lawful?
- Does an unduly prolonged pending inquiry before the National Accountability Bureau justify restricting a citizen's right of movement?
- Whether the placement of the petitioner's name on the Exit Control List unconstitutionally restricts the right to liberty?
ORDER
1. ' MRS. QAISER IQBAL, J.---Learned counsel appearing for the petitioner has contended that the name of the petitioner was placed on the Exit Control List on 2-6-2004, on account of inquiry conducted by National Accountability Bureau for accumulating assets beyond known source of income. According to the learned counsel the petitioner had repeatedly approached the respondent for redress but no order for recalling his name was passed.
2. ' Learned counsel has asserted that the inquiry before the National Accountability Bureau against the petitioner is pending adjudication since June, 2004, could not be a conceivable ground for placing fetters upon his right of movement. The petitioner having not been redressed has resorted to file the petition against the respondents, the comments filed ex facie revealed that the grounds of placement of the name of the petitioner in the Exit Control List were not divulged out, simultaneously it is stressed that the petitioner should have made representation setting out the grounds, on which he sought the review of the order. Petitioner was bound to be heard before passing any of the order by the federal government to prohibit him from leaving Pakistan, unless it was considered in the public interest not, to specify the ground. In the instant case, the respondent had failed to specify ground for placing fetters upon the right of movement of the petitioner. There are certain allegations against the petitioner, the inquiry conducted, could not be concluded despite of the lapse of more than 2 years, therefore, no reason was assigned by respondent, for placing his name on E.C.L. Nor notice or intimation was served upon him. In support of the above contention reliance is placed on the case of Ashfaq Yousuf Tola v. Federation of Pakistan (PLD 2006 Kar. 193; Wajid Shamsul Hassan v. Federation of Pakistan PLD 1997 Lah. 617 and Saleem Akhtar v.
3. Federation of Pakistan PLD 1999 Kar.
4. 177.
5. ' We are, therefore, of the view that the placement of the name of the petitioner on Exit Control List was not justified, tantamounts to restrict rights of his liberty, therefore, it is directed that his name should be removed from the Exit Control List forthwith. Petition is allowed accordingly.
6. ' These are the reasons for the short order dated 14-5-2006, whereby the petition was allowed, in above terms.
Cited by 6 cases
- MUHAMMAD KHYZER YOUSUF DADA vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior and 5 others 2011 PLD Karachi 546
- SH. MUHAMMAD MANSOOR vs GOVERNMENT OF PAKISTAN through its 2008 PLJ Lahore 582
- Sh. MUHAMMAD MANSOOR vs GOVERNMENT OF PAKISTAN through Secretary, Ministry Interior and 3 others 2008 MLD 955
- I.C.C. Textiles Limited, Lahore through its Authorised Representative Javed 2010 C.L.R. 441
- Gen. (Retd.) PERVEZ MUSHARRAF through Attorney vs PAKISTAN through Secretary Interior and others 2014 PLD Sindh 389
- Miss AYYAN ALI vs FEDERATION OF PAKISTAN and others 2017 P Cr. L J 920