2007 PLP 560 (YLR)

In this petition following prayers have been made: "(i) It is therefore, prayed that this Hon'ble Court may graciously be pleased to direct the name of the petitioner to be deleted from the Exit Control List. (ii) Direct the respondents to allow the petitioner to got abroad to a country of his choice for any purpose whatsoever including medical treatment. (iii) Direct the Nazir of this Court to return the passport of the petitioner and further direct the respondent to issue a fresh machine readable passport to the petitioner. (iv) Restrain the respondents their employees, agents, representative or any one else acting, working or claiming through or under them from prohibiting the departure of the petitioner from Pakistan in any manner whatsoever. (vi) Cost of the petition. (vi) Such as the relief(s) as this Hon'ble Court may deem just and proper in the circumstances of the case." Mr. Raja Qureshi, learned counsel for petitioner has contended that a Division Bench of this Court composed of our learned brothers Ghulam Nabi Soomro, J. (as he then was) and Muhammad Afzal Soomro, while disposing of a Miscellaneous Application bearing No.2708 of 2003 in Cr. Acctt. Appeal No.38 of 2001 and in like four other applications in other four Criminal Acctt. Appeal Nos.11 of 2002, 20 of 2001, 34 of 2001 and 65 of 2001 had by order dated 28-8-2003, issued directives that appellant would deposit his passport with the Nazir of this Court and that his name should also be put in the Exit Control List maintained by Federal Government. Mr. Qureshi was further contended that the petitioner was convicted and sentenced in as many as five cases on reference filed by NAB Authorities and that in all the said cases petitioner has served out the substantive sentence awarded to him and at present he is on bail granted by this Court in aforementioned five appeals preferred by him. Mr. Qureshi has argued that since substantive sentence of imprisonment has been served out by petitioner and in Cr. Acctt. Appeal No.38 of 2001 and other four appeals, he has deposited solvent sureties in the sum of Rs.39.07 million, in all, to the satisfaction of Nazir of this and he has also made other compliances by depositing his passport with the Nazir and his name has been put on the Exit Control List under five identical orders of this Court in above appeals; the said orders to the extent of entry of his name in the Exit Control List maintained by the Federal Government be suspended for one month and he be allowed to leave country for performing Umrah one time and for that purpose his passport be returned to him. In support of his request Mr. Qureshi has placed reliance on the case of Khan Muhammad Mehar v. Federation of Pakistan reported in (PLD 2005 Kar. 252). Mr. Nadeem Azhar Siddiqui learned D.A.G.' and Mr. Shafaat Nabi K. Sherwani learned D.P.G. NAB, have stated their no objection to the suspension of orders of this Court dated 28-8-2003 passed in Cr. Acctt. Appeal No.38 of 2001 and others where under the name of the petitioner was put on the Exit Control List maintained by the Federal Government and passport of petitioner was deposited by him with the Nazir suspended since the petitioner intends to leave the country for pious purpose .having already served out substantive sentence. Since petitioner has already furnished a solvent surety of Rs.39.07 million in appeal No.38 of 2001 and four other appeals and also he has served out substantive sentence, admitted, as above, by other side; and the petitioner is to leave the country for pious purpose to which learned DAG and DPG NAB have stated their no objection, and in his arguments Mr. Qureshi has stated that petitioner would come back after performing Umrah, the orders dated 28-8-2003 passed in above mentioned appeals to the extent of deposit of passport by petitioner and putting his name in the Exit Control List maintained by the Federal Government are suspended for one month commencing from 20-10-2005 to 21-11-2005. On return of petitioner, he shall have to deposit his passport with Nazir of this Court. This constitutional petition stands disposed of in above terms. H.B.T./R-3/K?????????????????????????????????????????????????????????????????????????????????????? Order accordingly.