| Case ID |
006fb20d-ea49-41da-b410-fad0f10c5b0d |
| Body |
View case body. Login to View |
| Case Number |
D-1389 of 2005 |
| Decision Date |
Dec 13, 2005 |
| Hearing Date |
|
| Decision |
The High Court accepted the constitutional petition and ordered the immediate removal of the petitioner's name from the Exit Control List (ECL). The court found that the placement of the petitioner's name on the ECL constituted a serious infringement on his liberty, especially in light of the absence of any ongoing allegations or criminal charges against him. The court emphasized that the Federal Government's power to restrict a person's exit from Pakistan is subject to well-established limits, which include the necessity of providing grounds for such actions, particularly when not in the public interest. The court highlighted that the petitioner had settled his disputes with the National Accountability Bureau (NAB) four years prior and had made repeated requests to have his name removed from the ECL, all of which were ignored or regretted by the authorities. Thus, the court ruled in favor of the petitioner, allowing his appeal for the removal of restrictions on his movement. |
| Summary |
This case revolves around the constitutional petition filed by Ashfaq Yousuf Tola against the Federation of Pakistan regarding the unlawful placement of his name on the Exit Control List (ECL). The Sindh High Court examined the legal framework of the Exit from Pakistan (Control) Ordinance, 1981, and the relevant sections of the Constitution of Pakistan, particularly focusing on the rights of individuals against arbitrary restrictions on movement. The court's decision underscores the importance of due process and the necessity for authorities to provide justifiable grounds for restricting an individual’s liberty. The ruling has implications for similar cases involving travel restrictions and reinforces legal protections for citizens against unwarranted governmental actions. This case serves as a precedent in upholding individual freedoms and ensuring that governmental powers are exercised within the boundaries of law and justice. The case highlights keywords such as constitutional rights, Exit Control List, due process, and individual liberty, which are essential in legal discourse and advocacy. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED, C.J.,
MUHAMMAD ATHAR SAEED, J
|
| Lawyers |
Kazi Abdul Hameed Siddiqui,
S. Zia-ud-Din Nasir
|
| Petitioners |
ASHFAQ YOUSUF TOLA
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Interior and Narcotics Control, Islamabad
|
| Citations |
2006 SLD 2990,
2006 PLD 193
|
| Other Citations |
Not available
|
| Laws Involved |
Exits From Pakistan (Control) Ordinance, 1981,
Constitution of Pakistan, 1973
|
| Sections |
2,
4,
9,
15,
199
|