| Case ID |
09df1472-267d-4a18-a33e-dfc387beab44 |
| Body |
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| Case Number |
D-883 of 2018 |
| Decision Date |
May 29, 2018 |
| Hearing Date |
May 08, 2018 |
| Decision |
The Sindh High Court ruled in favor of the petitioner, Javed Iqbal, allowing him to have his name removed from the Exit Control List (ECL) after determining that the National Accountability Bureau (NAB) had not justified the prolonged inquiry against him. The court emphasized that the right to travel abroad is constitutionally guaranteed and cannot be indefinitely restricted without sufficient cause. The tribunal noted that the petitioner had been subjected to investigations for over two years without any formal charges being filed, leading to the conclusion that the ECL placement was unlawful. The court directed the Ministry of Interior to remove the petitioner's name from the ECL forthwith and emphasized the need for fair treatment in such matters, regardless of an individual's status. |
| Summary |
The case revolves around the constitutional right to travel abroad and the authority of the NAB to place individuals on the Exit Control List (ECL) during ongoing investigations. Javed Iqbal, a petitioner and CEO of a construction company, challenged the NAB's decision to place his name on the ECL, arguing that the inquiry had been unduly prolonged without any charges. The Sindh High Court ruled in favor of Iqbal, stating that the indefinite restriction on his right to travel was unconstitutional. The court highlighted the necessity for timely investigations and the importance of adhering to the rule of law. This decision reinforces the principle that individuals should not be left in legal limbo without formal charges and underscores the right to free movement. The ruling also calls for the establishment of clear guidelines for placing names on the ECL to prevent arbitrary decisions based on an individual's societal status. |
| Court |
Sindh High Court
|
| Entities Involved |
National Accountability Bureau,
Ministry of Interior, Government of Pakistan
|
| Judges |
MUHAMMAD IQBAL KALHORO,
MOHAMMED KARIM KHAN AGHA,
JAVED IQBAL
|
| Lawyers |
Salman Hamid,
Abbas Rizvi,
Yasir Siddiqui,
Muhammad Aslam Butt
|
| Petitioners |
Javed Iqbal
|
| Respondents |
3 OTHERS,
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF INTERIOR
|
| Citations |
2019 SLD 1355,
2019 YLR 1247
|
| Other Citations |
Federation of Pakistan through Secretary M/o Interior v. General (R) Pervez Musharraf and others PLD 2016 SC 570,
Syed Arsalan Iqbal v. Government of Pakistan through Secretary, Ministry of Interior, Islamabad and another 2015 YLR 1460,
Muhammad Sadiq v. Federation of Pakistan through Secretary Interior and 2 others PLD 2016 Sindh 263,
Yusuf J. Ansari v. Government of Pakistan through Secretary Ministry of Interior, Islamabad and another PLD 2016 Sindh 388,
Ms. Ayyan Ali v. Federation of Pakistan and another SBLR 2018 Sindh 36,
Rafique v. Federation of Pakistan and 2 others 2018 MLD 579,
The Federal Government through Secretary Interior, Government of Pakistan v. Ms. Ayyan Ali and others 2017 SCMR 1179,
Messrs Mustafa Impex, Karachi and others v. The Government of Pakistan, through Secretary Finance, Islamabad and others PLD 2016 SC 808,
Higher Education Commission through Project Manager v. Sajid Anwar and others 2012 SCMR 186,
United Bank Limited v. Federation of Pakistan 2014 SCMR 856
|
| Laws Involved |
Exit from Pakistan (Control) Ordinance, 1981,
National Accountability Ordinance, 1999
|
| Sections |
3,
18(g)
|