| Case ID |
d3b4f7c1-e01e-49e6-bc38-7c1a1f233f68 |
| Body |
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| Case Number |
D-3897 of 2016 |
| Decision Date |
Oct 12, 2017 |
| Hearing Date |
Oct 10, 2017 |
| Decision |
The Sindh High Court ruled to remove the petitioner's name from the Exit Control List (ECL) based on the rights guaranteed under Article 15 of the Constitution of Pakistan. The court found that the petitioner had been released on bail and had not caused any delays in the trial. It emphasized that an accused's right to travel abroad should not be trifled with lightly, even in the context of a criminal case. The decision was influenced by previous case law and the specific circumstances that indicated the trial was unlikely to conclude in the near future. The Ministry of Interior was directed to act on this order immediately, albeit with the condition that the petitioner must seek permission from the trial court before leaving the country, ensuring that his absence does not impede the trial proceedings. |
| Summary |
In the case D-3897 of 2016, the Sindh High Court addressed a constitutional petition filed by Rafiq son of Haji Usman, who sought to remove his name from the Exit Control List (ECL) due to ongoing legal proceedings related to a housing project scam. The court acknowledged that the petitioner had been released on bail and had not delayed trial proceedings, thus affirming his constitutional right to travel abroad under Article 15 of the Constitution of Pakistan. The ruling emphasized the importance of not infringing upon individual rights without substantial justification, particularly in cases where there is no immediate threat of absconding. The decision was informed by relevant precedents, including cases involving other prominent figures. As a result, the court ordered the Ministry of Interior to remove the petitioner's name from the ECL while stipulating that he must obtain permission from the trial court for any travel outside Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMED KARIM KHAN AGHA,
AHMED ALI M. SHAIKH
|
| Lawyers |
Barrister Fayyaz Ahmed,
Saeed Ahmad Memon
|
| Petitioners |
Rafiq son of Haji Usman
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD AND 2 OTHERS
|
| Citations |
2018 SLD 571,
2018 MLD 579
|
| Other Citations |
Wajid Shamas-ul Hassan v. Federation of Pakistan PLD 1997 Lore 617,
Federal Government v. Ms. Ayan Ali 2017 SCMR 1179,
Dr. Asim Hussain v. Federation of Pakistan dated 29.8.2017
|
| Laws Involved |
Exit from Pakistan (Control) Ordinance, 1981,
Constitution of Pakistan, 1973,
National Accountability Ordinance, 1999
|
| Sections |
2(1),
15,
9
|