| Case ID |
210a3c61-e505-4888-bc0a-4541d43dda1f |
| Body |
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| Case Number |
Civil Appeal No. 870 of 2014 |
| Decision Date |
Mar 16, 2016 |
| Hearing Date |
Mar 16, 2015 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the Federal Government challenging the High Court's decision to strike down the memorandum placing General (R) Pervez Musharraf's name on the Exit Control List (ECL). The Court held that the inclusion of the respondent's name in the ECL was based on an interim order which had merged into a final order, thereby losing its efficacy. The Court emphasized that the fundamental right of freedom of movement cannot be arbitrarily restricted without lawful justification, and noted that the Federal Government had failed to provide valid grounds for maintaining the restriction on the respondent's travel. The decision reinforced the legal principle that interim orders must be explicitly protected in final orders to remain effective. |
| Summary |
The case revolves around the inclusion of General (R) Pervez Musharraf's name on the Exit Control List (ECL) by the Federal Government, which was challenged in the Supreme Court of Pakistan. The Court examined the legality of the ECL placement and the implications of interim versus final orders in legal proceedings. The Supreme Court ruled that the interim order placing the respondent's name on the ECL had merged with the final order, thus losing its effect. The ruling highlighted the importance of protecting individual rights, particularly the fundamental right to freedom of movement as enshrined in the Constitution. The case sets a significant precedent regarding the treatment of interim orders in the context of final judgments, ensuring that arbitrary restrictions on movement are subject to legal scrutiny and justification. This decision underscores the necessity for the government to act within the bounds of the law and respect constitutional rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Ministry of Interior
|
| Judges |
ANWAR ZAHEED JAMALI, C.J.,
MIAN SAQIB NISAR,
AMIR HANI MUSLIM,
IQBAL HAMEEDUR RAHMAN,
KHILJI ARIF HUSSAIN
|
| Lawyers |
Salman Aslam Butt, Attorney General for Pakistan,
Muhammad Waqar Rana, Addl. Attorney General for Appellants,
Tariq Asad, Advocate Supreme Court (CMA-3545/14),
Inam-ur-Rahim, Advocate Supreme Court (CMA-5173/14),
Sh. Ahsan-ud-Din, Advocate Supreme Court (CMA-3557/14),
Dr. Muhammad Farough Naseem, Advocate Supreme Court,
Faisal Fareed Hussain Advocate for Respondent No.1,
Qaiser Masood, Addl. Dir, Law,
Malik Javed, Asstt. Dir, Law for FIA
|
| Petitioners |
FEDERATION OF PAKISTAN through Secretary, M/O Interior
|
| Respondents |
General (R) PERVEZ MUSHARRAF and others
|
| Citations |
2016 SLD 1028,
2016 PLD 570
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Exit from Pakistan (Control) Ordinance, 1981,
Constitution of Pakistan
|
| Sections |
2,
6,
15
|