BABAR KHAN GHORI vs FEDERATION OF PAKISTAN through Secretary, Ministry
This matter arises from a petition seeking leave to appeal against an order concerning the placement of a person's name on the Exit Control List. The core legal questions involve whether unbridled and unfettered discretion has been conferred upon the Executive under the Exit from Pakistan (Control) Ordinance, 1981, whether the Ordinance lacks necessary criteria or law for the exercise of discretion in the general public interest, and whether the provisions are subject to abuse and violate the principle of natural justice by condemning affected persons unheard without prior show-cause notice. The Supreme Court granted leave to appeal to examine these contentions and related questions of law, and directed that notice be issued to the Deputy Attorney-General.
- Whether unbridled and unfettered discretion has been conferred upon the Executive for placing a person's name on the Exit Control List under the Exit from Pakistan (Control) Ordinance, 1981?
- Does the Exit from Pakistan (Control) Ordinance, 1981 lay down sufficient criteria or law for the exercise of executive discretion in the general public interest?
- Whether action taken under the Exit from Pakistan (Control) Ordinance, 1981 violates principles of natural justice by condemning an affected person unheard without a prior show-cause notice?
- Exit from Pakistan (Control) Ordinance, 1981
ORDER
RANA BHAGWAN DAS, J.---It is inter alia contended that unbridled and unfettered discretion has been conferred upon the Executive for placing name of any person on Exit Control List under the provisions of Exit from Pakistan (Control) Ordinance, 1981 (hereinafter referred to as the Ordinance).
It is urged that no criteria or law for the exercise of discretion in general public interest has been laid down in The Ordinance. It is further added that the provisions of the Ordinance have been grossly abused from time to time by the Executive inasmuch as a person affected by the action is invariably condemned unheard without a prior show-cause notice. Although, the learned High Court has referred the case of Miss Naveed Khan v. Government of Pakistan (PLD 1997 Karachi 513) vires of the Ordinance and the aforesaid contentions have not been adverted to in details.
2. We are, therefore, inclined to grant leave to appeal to examine the abovesaid contentions and other related questions of law.
3. Let notice be also issued to Deputy Attorney-General at the time of hearing of the appeal.