2008 PLP 1607 (CLC)

MRS. QAISER IQBAL, J.

The petitioner has challenged the impugned decision of respondent No.1 contained in the memorandum dated 3rd September, 2007 whereby the name of the petitioner being representative of Messrs Engineering Consultants International (Pvt.) Limited was placed on Exit Control List. Learned counsel appearing for the petitioner has contended that the name of the petitioner was placed on the Exit Control List on the basis of the inquiry by the respondent No.2 in connection with the award of the contract for the feasibility study and detailed design of the proposed Karachi Northern By-pass project to the petitioner's company. According to the learned counsel for petitioner no show-cause notice was served upon the petitioner nor the reasons for placing the name of the petitioner has been assigned therefore, impugned decision is arbitrary, unlawful and against the constitutional provisions affecting the freedom and protection of the petitioner. In support of the above contentions reliance has been 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. Federation of Pakistan PLD 1999 Kar.

177. Mr. Imran Ahmad learned D.A.-G. has candidly stated that despite of repeated letters addressed to the respondent No.1 comments have not so far been filed. We have considered the arguments advanced at bar. The ground agitated by the petitioner have not been controverted by the respondent as the comments have not been filed. It is ex facie revealed that the ground of placement of the name of the petitioner in the Exit Control List were not divulged out. Petitioner was not served with a show-cause notice, he was bound to be heard before passing any order by the Federal Government for prohibiting him to leave Pakistan, unless it was considered in the public interest not to specify the ground. On account of non-specification of the ground for placing fetters upon the right of movement of the petitioner. No inquiry was conducted by the competent authority, no reason was assigned by the respondent for placing his name on exit control list nor notice or intimation was served upon him. We are, therefore, of the view that placement of the name of the petitioner on Exit Control List was not justified, tantamount to restrict rights of his liberty. On the request of the counsel appearing for the petitioner one time permission is granted to the petitioner to proceed to Abu Dhabi upon furnishing surety in the sum of Rs.500,000 and upon execution of the bond in the like amount to the satisfaction of the Nazir of this Court. The petitioner is permitted to proceed abroad with a direction to return back within one month. Orders accordingly. M.B.A./N-32/K Order accordingly.