| Case ID |
d577c39e-7aaa-4868-a236-834221f42739 |
| Body |
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| Case Number |
W.P. No. 12312 of 2019 |
| Decision Date |
Mar 26, 2019 |
| Hearing Date |
Mar 26, 2019 |
| Decision |
The Lahore High Court allowed the petition filed by Mian Muhammad Shahbaz Sharif, setting aside the order dated 21st February 2019 that placed his name on the Exit Control List (ECL). The court found that the mere pendency of an inquiry by the National Accountability Bureau (NAB) did not provide sufficient justification for restricting his movement abroad, emphasizing that such actions must be grounded in valid reasons and not taken in haste or mechanically. The court underscored the constitutional right to travel, stating that any infringement must be justified and not arbitrary. The court ordered the immediate removal of the petitioner's name from the ECL, reinstating his fundamental rights. |
| Summary |
In the case of Mian Muhammad Shahbaz Sharif vs. Federation of Pakistan, the Lahore High Court addressed the legality of placing the petitioner on the Exit Control List (ECL) based solely on the pendency of an inquiry by the National Accountability Bureau (NAB). The court ruled that the Federal Government must apply its mind independently before restricting an individual's liberty, especially in matters concerning fundamental rights as enshrined in the Constitution of Pakistan. This case highlights the significance of due process and the necessity for valid reasons when curtailing an individual's constitutional rights to travel. The ruling reinforces the principle that arbitrary actions by authorities, particularly in politically charged contexts, cannot be accepted. This decision may serve as a precedent for similar cases, ensuring individuals are not unjustly restricted from exercising their rights without sufficient cause. |
| Court |
Lahore High Court
|
| Entities Involved |
Federal Government,
NAB,
Mian Muhammad Shahbaz Sharif
|
| Judges |
MALIK SHAHZAD AHMAD KHAN,
MIRZA VIQAS RAUF
|
| Lawyers |
Azam Nazeer Tarar,
Muhammad Amjad Pervaiz,
Mian Tariq Shafique Bhandara,
Zia Islam,
Syed Faisal Raza Bukhari
|
| Petitioners |
Mian Muhammad Shahbaz Sharif
|
| Respondents |
Federation of Pakistan,
Mian Tariq Shafique Bhandara,
Zia Islam,
Syed Faisal Raza Bukhari
|
| Citations |
2019 SLD 1729,
2019 PCRLJ 1123
|
| Other Citations |
2017 SCMR 1179,
2014 SCMR 856,
PLD 2007 SC 642,
2012 SCMR 186,
PLD 1997 Lah. 617,
PLD 2015 Lah. 353,
PLD 2008 SC 135,
PLD 2008 Lah. 341,
PLD 2011 Kar. 546,
2017 YLR 2109
|
| Laws Involved |
Exit from Pakistan (Control) Ordinance, 1981,
Constitution of Pakistan, 1973,
National Accountability Ordinance, 1999
|
| Sections |
2,
2(1),
3,
5,
2A,
4,
9,
15,
25,
199,
18(c)
|