1. ' MRS. QAISER IQBAL, J.---Learned counsel appearing for the petitioner has contended that the name of the petitioner was placed on the Exit Control List on 2-6-2004, on account of inquiry conducted by National Accountability Bureau for accumulating assets beyond known source of income. According to the learned counsel the petitioner had repeatedly approached the respondent for redress but no order for recalling his name was passed.
2. ' Learned counsel has asserted that the inquiry before the National Accountability Bureau against the petitioner is pending adjudication since June, 2004, could not be a conceivable ground for placing fetters upon his right of movement. The petitioner having not been redressed has resorted to file the petition against the respondents, the comments filed ex facie revealed that the grounds of placement of the name of the petitioner in the Exit Control List were not divulged out, simultaneously it is stressed that the petitioner should have made representation setting out the grounds, on which he sought the review of the order. Petitioner was bound to be heard before passing any of the order by the federal government to prohibit him from leaving Pakistan, unless it was considered in the public interest not, to specify the ground. In the instant case, the respondent had failed to specify ground for placing fetters upon the right of movement of the petitioner. There are certain allegations against the petitioner, the inquiry conducted, could not be concluded despite of the lapse of more than 2 years, therefore, no reason was assigned by respondent, for placing his name on E.C.L. Nor notice or intimation was served upon him. In support of the above contention reliance is placed on the case of Ashfaq Yousuf Tola v. Federation of Pakistan (PLD 2006 Kar. 193; Wajid Shamsul Hassan v. Federation of Pakistan PLD 1997 Lah. 617 and Saleem Akhtar v.
3. Federation of Pakistan PLD 1999 Kar.
4. 177.
5. ' We are, therefore, of the view that the placement of the name of the petitioner on Exit Control List was not justified, tantamounts to restrict rights of his liberty, therefore, it is directed that his name should be removed from the Exit Control List forthwith. Petition is allowed accordingly.
6. ' These are the reasons for the short order dated 14-5-2006, whereby the petition was allowed, in above terms.