| Case ID |
00a916b4-2f36-4de8-a150-9eccae6efc85 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. D-980 of 2008 |
| Decision Date |
Nov 20, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the constitutional petition filed by Habibullah Niazi, ruling that the placement of his name on the Exit Control List (ECL) was unjustified and amounted to a denial of his rights under Article 15 of the Constitution of Pakistan. The court emphasized that the criteria for such placement had not been met and highlighted the arbitrary nature of the government's action. The court directed the respondents to immediately remove the petitioner's name from the ECL, underscoring the importance of lawful authority and due process in administrative actions affecting individual rights. |
| Summary |
This case revolves around the constitutional rights of a businessman, Habibullah Niazi, whose name was placed on the Exit Control List (ECL) without meeting the necessary legal criteria. The Sindh High Court examined the case under the framework of the Exit from Pakistan (Control) Ordinance and the Constitution of Pakistan, particularly Articles 15 and 199. The petitioner argued that his placement on the ECL was arbitrary and unjustified, as it violated his right to freedom of movement. The respondents acknowledged that the placement was based on allegations of financial misconduct but failed to substantiate the claims with evidence satisfying the established criteria. The court's decision emphasized the importance of protecting individual liberties against arbitrary governmental actions, reaffirming that citizens must not be deprived of their rights without lawful justification. This ruling sets a precedent on the standards required for placing individuals on the ECL, highlighting the need for transparency and adherence to legal protocols in administrative decisions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER JAMALI, C.J.,
GHULAM DASTAGIR A. SHAHANI, J
|
| Lawyers |
Z.U. Mujahid for Petitioner,
Aamir Raza Naqvi, D.A.G. for Respondents
|
| Petitioners |
HABIBULLAH NIAZI
|
| Respondents |
2 others,
FEDERATION OF PAKISTAN through Federal Secretary, Ministry of Interior, Pakistan Secretariat, Islamabad
|
| Citations |
2009 SLD 2202,
2009 PLD 243
|
| Other Citations |
Government of Pakistan and another v. DADA Amin Haider Khan PLD 1987 SC 504,
Wajid Shamsul Hasan v. Federation of Pakistan PLD 1997 Lah. 617,
Khan Muhammad Mehar v. Federation of Pakistan PLD 2005 Kar. 252,
Hashmat Ali Chawla v. Federation of Pakistan PLD 2007 Kar. 705
|
| Laws Involved |
Exit from Pakistan (Control) Ordinance (XLVI of 1981),
Constitution of Pakistan (1973)
|
| Sections |
2,
199,
15
|