| Case ID |
30b5818a-45e7-4d80-b10a-182b406b4df5 |
| Body |
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| Case Number |
Writ Petition No. 1190 of 1997 |
| Decision Date |
Dec 10, 1997 |
| Hearing Date |
Oct 24, 1997 |
| Decision |
The High Court upheld the validity of the Exits from Pakistan (Control) Ordinance, 1981, allowing the Federal Government to place the petitioner's name on the Exit Control List (ECL) without a prior hearing. The court emphasized that while the petitioner was not afforded an opportunity to be heard before the inclusion of his name on the ECL, the law permits such actions in the interest of public safety and national security. The court noted that the petitioner could challenge the decision if the Ehtesab process against him was unreasonably delayed. Therefore, the writ petition was dismissed, confirming the legality of the actions taken against the petitioner. |
| Summary |
In the case of Writ Petition No. 1190 of 1997, decided by the Peshawar High Court on December 10, 1997, the petitioner Anwar Saifullah Khan challenged the inclusion of his name on the Exit Control List (ECL) by the Federal Government. The case revolved around the provisions of the Exits from Pakistan (Control) Ordinance, 1981, specifically sections 2 and 3. The Ordinance allows the Federal Government to prohibit a person's exit from Pakistan without prior notice or hearing. The court examined the legal implications of this ordinance in relation to the principles of natural justice. It was determined that the petitioner had not been given a fair hearing before his name was added to the ECL. However, the court upheld the law's validity, stating that such actions are justified in matters concerning national interest. The decision emphasized that while the petitioner could contest this action, it must be based on a significant delay in the Ehtesab process against him. The ruling ultimately dismissed the petition, reinforcing the government's authority under the ordinance. This case highlights the balance between individual rights and state security measures, making it a significant reference point for future cases involving the ECL and related legal principles. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Farooq,
Nasir Ul Mulk
|
| Lawyers |
Muhammad Zahoorul Haq,
Abdul Latif Yousafzai,
Abdul Hakim Kundi
|
| Petitioners |
Anwar Saifullah Khan
|
| Respondents |
3 Others,
The Passport and Immigration Officer, Government of Pakistan University Town Peshawar
|
| Citations |
1998 SLD 1228,
1998 PLD 82
|
| Other Citations |
Syed Abual A'ala Maududi v. The State Bank of Pakistan PLD 1969 Lah 908,
Government of Pakistan and another v. Dada Amir Haider Khan PLD 1987 SC 504,
Sobia Gianchandani v. Federation of Pakistan 1996 MLD 1569,
Ch. Zahur Ilahi v. Secretary to Government of Pakistan PLD 1975 Lah. 499,
University of Dacca v. Zakir Ahmad PLD 1965 SC 90,
Pakistan and others v. Public at Large PLD 1987 SC 304,
Mrs. Anisa Rehman v. P.I.A.C. and others 1994 SCMR 2232,
Wajid Shamsul Hassan v. Federation of Pakistan PLD 1997 Lah. 617,
Constitutional Petition No.D 987 of 1997
|
| Laws Involved |
Exits from Pakistan (Control) Ordinance, 1981,
Constitution of Pakistan, 1973
|
| Sections |
2,
3
|