Exit from Pakistan (control) Rules 2010

Exit from Pakistan (control) Rules 2010

Rule 2 — Exit form Pakistan (control) Ordinance XLVI of 1981.. section 2 placing name of person on the Exit control list…. Ground – pendency of a criminal case.. Name of the respondent bad been placed on exist control list as she was nominated in a case of murder of accustoms officer in connection with smuggling of foreign currency— legality… notification/memorandum. whereby name of respondent was placed on the Exist control list, was issued purportedly for a reason which did not conform to the criteria as laid down in the exist from Pakistan Control Rules 2010 and the exist control policy. Liberty of a citizen could not be curtailed by mere registration of a criminal case – Registration of an FIR had no nexus with and was extraneous to the object of the exits from Pakistan control ordinance 1981. Furthermore, while issuing the impugned notification/memorandum the Ministry of Interior had also overlooked an order of High Court whereby the said Ministry was restricted from placing the respondent’s name on the Exist control List has therefore rightly struck off the impugned notification/memorandum – Petition for leave to appeal was dismissed accordingly .

2017 SCMR 1179

Exit from Pakistan (Control) List

Exit from Pakistan (control) Ordinance

Section 2 and 3(2) from Pakistan (control) Rules 2010…. Constitution of Pakistan Articles 10A and 199…. Constitution Petition… placement of name of Exit control list on request by financial Institution… default.. Scope… petitioner impugned placement of their names on Exit control on account of outstanding liability to pay amounts to a financial institution (Bank).. Contention of the petitioners was that placement of their name on the exit control list on request of the financial institution and the state bank of Pakistan was illegal.. held… that where a financial intuition was seeking to recover amounts from a customer the banking court after due process of law, adjudicates upon the matter and decide the question of default and without clear determination from a court of competent jurisdiction on the question of default, the state bank of Pakistan could not use state machinery for recovery purpose… key words used in Rule 2(e) of liabilities and admittedly there was no decree against the petitioners with respect to amounts stated to be due to the financial institution…. State machinery could not be used for purposes of exerting pressure or in a private dispute unless government interest was at stake and the same was clearly provided in Rule 2(2)(a) of the exit from Pakistan control rules 2010… petitioners names therefore had been placed on ECL without application of mind, in a mechanical manner and without considering the element of public interest by the respondents.. And they had been denied their fundamental rights without due process of law.. High Court directed that the names of the petitioner be removed from ECL… constitutional Petition was allowed, accordingly. PLD 2010 Lahore 230, 2013 SCMR 1749

(PLD 2014 Lahore 482)

Placing Name on ECL List on Private Dispute

section 2 and 3 of Exit from Pakistan (Control ) Ordinance (XLVI of 1981)

Article 199 constitution of Pakistan 1973

non disclosure of  grounds for placing name of a person on Exit Control List – scope- where the Government proposed to place the name of any person on exit control list and there were circumstances, which justified that such grounds were not to be disclosed in the public interest, then there had to be recorded finding giving justificatin for not disclosing the reason to withhold such ground in the public interest – where there was no public interest, Government could not excercise any power to withhold the ground therefore it could not be said that in terms of section 2(3) of exit of control list from Pakistan ordinance 1981 Government had unfettered or unbridled authority to withhold the reason or ground under any and every circumstances.

PLD 2013 Sindh 186