' MUHAMMAD AMJAD IQBAL QURESHI, J.---Constitutional jurisdiction of this Court has been invoked by the petitioner by filing of instant writ petition stating therein that the petitioner joined National Bank of Pakistan as an Officer Grade-II in the year 1995. He was deputed to Kabul Branch in the year 2004 and subsequently promoted to the post of A.V.P. Of National Bank of Pakistan. He was offered a job by the Afghan Govt., which he accepted and joined Development Bank of Afghanistan as Chief Executive in July, 2008. According to the petitioner, after taking charge of the said post, he discovered so many mis-managements, in the above said bank, which were conveyed to the concerned authorities and as such he started to stream line all affairs of the said bank. Resultantly, a number of people turned against him, he received so many threats to his life and two attempts were made for his abduction, therefore, he resigned from his service and came back to Pakistan.
That an amount of 1,26,000 U.S.D. Was lying in the petitioner's account at the time of his departure from Afghanistan, which amount has not so far been reimbursed to him. That recently, the petitioner received a letter No,12/244/ 2008-ECL, dated 18-12-2008 from Ministry of Interior to the effect that his name has been placed on Exit Control List, without assigning any reason. It has been prayed that the above said letter may be declared as illegal, unlawful, void ab initio and ineffective upon the rights and interest of petitioner and name of the petitioner may be removed from ECL.
2. In response to the notice, report and parawise comments were submitted by the respondent No,2 and respondents Nos.1 and 3. According to the parawise comments submitted by the respondent No,2, name of the petitioner was placed on E.C.L. By the Ministry of Interior and they have no concern with the matter.
3. As per parawise comments filed by respondents Nos.1 and 3, name of petitioner was placed on E.C.L. On 18th of December 2008, on the recommendation of N.A.B. Authorities as he was suspect of fraudulent activities in Development Bank of Afghanistan and embezzlement of huge amounts in shape of U.S. Dollars. The case was referred to N.A.B. By the State Bank of Pakistan. That under section 3(1) of Exit from Pakistan (Control) Ordinance 1981, any one aggrieved by an order of the Federal Government under subsection (1) of section 2 may, within fifteen days of the making of the order, make a representation to the Federal Government for a review of the order, setting out in the representation the grounds on which he seeks the review and no such representation has been filed by the petitioner.
4. Learned counsel for the petitioner in this regard placed reliance upon "Abdul Hafeez Pirzada and another v. Government of Pakistan and others 1989 CLC 79, Syed Abul Aala Moududi v. The State Bank of Pakistan and another PLD 1969 Lahore 608 and Habib Ullah Niazi v Federation of Pakistan PLD 2009 Karachi 243."
5. After giving audience to both sides at length, I have minutely perused the record and also gone through the case law quoted by the learned counsel for the parties.
6. It transpires from the record as well as parawise comments filed by the respondent No,4 that the name of the petitioner was placed on E.C.L. On the basis of complaint filed by the State Bank of Pakistan, whereafter N.A.B. Authorities recommended for placing name of the petitioner on E.C.L.
However, learned counsel appearing on behalf of N.A.B. Has informed this Court that the enquiry which was initiated against the petitioner on the basis of complaint dated 17th of November, A 2008 is still pending and has not been concluded as yet for the reason that the officials of Development Bank of Afghanistan have not so far supplied the original documents pertaining to the alleged fraud committed by the petitioner. It is further informed that an Investigation Team from Afghanistan had arrived Pakistan on 16th of April 2009, but they did not supply the original documentary evidence on the basis of which the enquiry could be concluded.
7. The learned counsel appearing on behalf of N.A.B. Has frankly admitted that no loss whatsoever has been caused to the Government of Pakistan by the petitioner B during the period while he remained in service with the National Bank of Pakistan.
8. For effective resolution of controversy, section 2 of the Exit from Pakistan (Control) Ordinance, 1981 is reproduced as under:-- "Power to prohibit exit from Pakistan (1) The Federal Government may, by order prohibit any person or class of persons from proceeding from Pakistan to a destination outside Pakistan, notwithstanding the fact that such person is in possession of valid travelling documents:
(2) Before making an order under subsection (1), it shall not be necessary to afford an opportunity of showing cause against the order.
(3) If, while making an order under subsection (1) it appears to the Federal Government that it will not be in the public interest to specify the grounds on which the order is proposed to be made, it shall not be necessary for the Federal Government to specify such grounds."
' The question whether right to travel abroad is indeed a fundamental right guaranteed by the Constitution of Islamic Republic of Pakistan, has been discussed by the Superior Courts in number of judgments. Reliance in this regard can be placed upon "Wajid Shamsul Hassan v. Federation of Pakistan through Secretary, Ministry of Interior, Islamabad PLD 1997 Lahore 617", in which it has been held that: --- "In view of above discussion, I have no doubt in my mind that the right of a citizen to travel abroad is a fundamental right guaranteed by Articles 2-A, 4, 9, 15 and 25 of the Constitution of Islamic Republic of Pakistan. Abridgement of this fundamental right by the State through the legislature or an executive measure has to be tested on the touchstone of the Constitutional Provisions. The life, liberty or property of a citizen cannot be taken away or adversely affected except in accordance with law."
9. Letter/memorandum No,12/244/ 2008-ECL, Islamabad dated 18th of December, 2008 issued by the Government of Pakistan Ministry of Interior shows that C no ground whatsoever has been given while placing the name of the petitioner on E. C . L.
10. The liberty of people guaranteed under the Constitution of Islamic Republic of Pakistan cannot be curtailed for unlimited period, that too, on the basis of photocopies merely.
11. The arguments of learned counsel for the petitioner regarding jurisdiction of N.A.B. Authorities also needs a consideration, because offence regarding the Development Bank of Afghanistan is not alleged to have been committed by him E in his capacity as an Officer, while serving with the Govt. Of Pakistan nor any proceedings regarding extradition are pending against him, through which placing on his name on E.C.L. Could be justified.
12. No sufficient material has been brought on record by the respondents to justify the placement of name of the petitioner on Exit Control List, which amounts to denial of his right as guaranteed F under Article 15 of Constitution of Islamic Republic of Pakistan. He cannot be restrained from going abroad on the basis of photocopies, which do not carry any evidentiary value in the absence of original document.
13. However, keeping in view the fact that writ petition lies only where there is no other efficacious remedy available to the petitioner. The petitioner should have first approached the Ministry of Interior for redressal of his grievance, which remedy he has failed to avail. The writ petition is G disposed of in the terms that the petitioner shall file an application to the Ministry o Interior/Respondent No,1 for getting his name removed from E.C.L. Who shall decide the same on the basis of my above observations and law kept therein, within a period of one month from the receipt of this order.