| Case ID |
0136cc3b-6641-45cc-915f-108139b53f88 |
| Body |
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| Case Number |
D-251 and 252 of 1999 |
| Decision Date |
Aug 24, 1999 |
| Hearing Date |
Jun 15, 1999 |
| Decision |
The Sindh High Court ruled in favor of the petitioners, declaring that the Exit from Pakistan (Control) Ordinance, 1981 is not in conflict with the Constitution. The court found that the ordinance is a valid law that serves public interest by controlling the exit of certain individuals from Pakistan, particularly those involved in criminal cases. The court emphasized the importance of the right to travel and determined that the petitioners should not have been placed on the Exit Control List (ECL) without proper justification. The court allowed the petitions, granting the petitioners the right to travel abroad. |
| Summary |
In the case of Constitutional Petitions Nos. D-251 and 252 of 1999, the Sindh High Court addressed the vires of the Exit from Pakistan (Control) Ordinance, 1981. The petitioners challenged their placement on the Exit Control List (ECL), claiming it violated their constitutional rights to freedom of movement and due process. The court examined the relationship between the ordinance and several articles of the Constitution, including Articles 2A, 4, 9, 15, and 25. The court concluded that the ordinance does not contradict constitutional provisions and serves the public interest by allowing the government to control the exit of specific individuals. The decision reinforced the principle that public interest can sometimes necessitate restrictions on individual freedoms, but these restrictions must be justified and not arbitrary. Ultimately, the court allowed the petitioners to proceed abroad, emphasizing the importance of due process in the application of such laws. This case highlights significant legal principles regarding individual rights, governmental authority, and the balance between the two, making it a noteworthy reference in the realm of constitutional law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui, Chief Justice,
Ghulam Rabbani, Justice
|
| Lawyers |
K.M. Nadeem for Petitioners,
Naimur Rehman, Dy. A.G. for Respondent No. 1,
M. Iqbal Raad, A.G. for Respondent No. 2
|
| Petitioners |
Babar Khan Ghori,
Muhammad Farrukh Naeem Siddiqui
|
| Respondents |
Federation of Pakistan,
Others
|
| Citations |
1999 SLD 1257,
1999 PLD 402
|
| Other Citations |
Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416,
Miss Naheed Khan v. Government of Pakistan and others PLD 1997 Kar. 513
|
| Laws Involved |
Exit from Pakistan (Control) Ordinance (XLVI of 1981),
Constitution of Pakistan (1973)
|
| Sections |
2,
3,
2A,
4,
9,
15,
25
|